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Student Post - Sixth Circuit Affirms One-Day Setence for Downloading Child Pornography

By Corey Rayburnyung

In a September 2009 opinion, the Sixth Circuit Court of Appeals upheld a district court sentence of a one-day incarceration and ten-year period of supervised release after the defendant plead guilty to two counts of knowingly receiving child pornography. You may view the ruling in United States v. Stall, 581 F.3d 276 (6th Cir. 2009) here. From the opinion: [Defendant] downloaded illegal porn which allegedly spanned a number of years and very likely involved more than 18 images. The images included photographs of adult men penetrating girls ages 12 and under, many of which were previously identified by the National Center for Missing and Exploited Children as victims of sexual abuse. ?Weighing in favor of a downward variance (of offense level), the presentence report (?PSR?) referenced Stall?s immediate expression of remorse and empathy for children harmed as a result [of his crime] as well as the fact that Stall quickly sought mental health treatment and continues to express significant remorse,? compounded with Stall being a first time offender...continue to full post

Full post as published by Sex Crimes on January 08, 2010 (boomark / email).