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Notable Seventh Circuit opinion upholding 90-month sentence for child porn downloader

By Douglas A. Berman

While on the road yesterday, I mised a notable Seventh Circuit panel ruling inwhich upholds a relatively lengthy (but still slightly below-guidelines) sentence for a (relatively sympathetic?) downloader of child porn.  The opinion in US v. Pape, No. 09-35413 (7th Cir. Apr. 15, 2010) (available here), starts this way: Jason M. Pape pleaded guilty to one count of possession of child pornography, in violation of 18 U.S.C. § 2252(a)(4)(B) and, on appeal, challenges his sentence. He was sentenced to 90 months? imprisonment followed by 20 years? supervised release.  He now claims that the district court failed to address his non-frivolous arguments in support of a two-year sentence including a plea for leniency based on his personal history as an upstanding member of his community and his exceptional family responsibilities for his children, some of whom have disabilities...continue to full post

Full post as published by Sentencing Law and Policy on April 16, 2010 (boomark / email).