USA v. John Doe

Appeal of 50 year sentence for guilty plea to production and distribution of internet child pornography

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Appellant uploads child pornography via peer to peer network site that is part of FBI sting. Charged with production, distribution and possession. Appellant agrees to guilty plea in exchange for government dropping possession charge. District court imposes 30 years for production and 20 years for distribution to be served consecutively rather than concurrently. Appellant is only 21 years old and has no prior convictions. Issues are whether the court adequately explained the basis for its sentence, whether the court should have imposed consecutive sentences under 18 U.S.C. sec. 3584(b), and whether consecutive sentences are longer that necessary to satisfy the sentencing goals under U.S.S.G. sec 3553(a).

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Published In: Criminal Law Updates

Reference Info:Appellate Brief | Federal, 5th Circuit, Texas | United States