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December 19, 2008

Long child porn sentence affirmed by Eleventh Circuit

The Eleveth Circuit has a long opinion today in US v. Horsfall, No. 08-10739 (11th Cir. Dec. 19, 2008) (available here), rejecting various challenges to a long child-porn sentence.  Here is how the decision starts:

Raymond J. Horsfall appeals the district court’s 327-month sentence imposed after pleading guilty to one count of receiving child pornography, in violation of 18 U.S.C. § 2252A(a)(2). On appeal, Horsfall argues that: 1) the government breached the plea agreement by recommending an upward departure; 2) the court erred by imposing an upward departure under the Guidelines; and 3) the court violated Horsfall’s Eighth Amendment rights by considering victim impact evidence at sentencing. For the reasons set out below, we affirm.

There is much to be learned from Horsfall including an important lesson about what not to do at your local Starbucks:

[O]n July 21, 2007, a Savannah police officer responded to a report that an individual was viewing child pornography on a laptop computer in a coffee house.  That individual, Horsfall, admitted to the investigating officer that he was viewing child pornography on the computer.  The officer subsequently seized the laptop and turned it over to federal authorities, who later discovered child pornography files on the computer, including the video file specified in Count Two of the indictment.

December 19, 2008 at 03:50 PM | Permalink

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an important lesson about what not to do at your local Starbucks

Nice.

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