United States v. Robinson

Defendant pleaded guilty to possession of child pornography, 18 U.S.C. 2252A(a)(5)(B), without a plea agreement. He did not dispute an adjusted offense level of 28, yielding a guidelines range of 78 to 97 months. Enhancements were applied for material depicting prepubescent juveniles and sadomasochistic or violent content, use of the computer, and possession of more than 600 images. A reduction was applied for acceptance of responsibility. The government noted the serious nature of the crime and that defendant’s purchase of child pornography contributed to expansion of that market. Defense counsel cited the conclusion of its psychologist that defendant was neither dangerous nor a pedophile, his cooperation with investigators, and his attendance at counseling. The district court sentenced defendant to one day of incarceration plus five years of supervised release. The Sixth Circuit vacated that sentence as substantively unreasonable. After the U.S. Supreme Court denied certiorari, the court re-imposed the sentence of one day, lengthened supervised release to 10 years, and added conditions of release. The Sixth Circuit again vacated, stating that it was “dismayed” and reassigning the case because the court had expressed that a sentence of confinement would constitute “pandering.” The sentence failed to adequately address factors previously given insufficient weight: seriousness of the particular crime, need for deterrence, and need to avoid unwarranted sentencing disparities. Although the court had new evidence regarding mental health and alleged post-sentence rehabilitation, that evidence could not overcome fundamental deficiencies in reasoning. View "United States v. Robinson" on Justia Law