« Indiana Attorney General urges examination of death penalty's costs | Main | ACLU files complaint attacking constitutionality of LWOP for nine juves convicted of murder in Michigan »

November 17, 2010

Eleventh Circuit affirms variance of 7+ years above child porn guideline range

The Eleventh Circuit has a notable opinion today in US v. Turner, No. 09-15074 (11th Cir. Nov. 17, 2010) (available here), which affirms an 25-year above-guideline sentence for a child porn downloader.  The district court threw the book at the defendant in this case in large part because, two decades before his child porn possession, had been convicted in Alabama state court first degree sexual assault of a toddler.  The Eleventh Circuit rejected various guideline-based and reasonableness-based challenges to the sentence.

The defendant's criminal history in Turner makes the outcome in the case not all that surprising or troublesome.  Nevertheless, I found it notable that, while so many district judges and circuit courts have been heard to lament the undue severity of the child porn guidelines as applied to those who only download images from the internet, this case provides an example of a district judge concluding that these same guidelines were not nearly severe enough in one particular case. 

November 17, 2010 at 01:27 PM | Permalink

TrackBack

TrackBack URL for this entry:
http://www.typepad.com/services/trackback/6a00d83451574769e20133f5f89772970b

Listed below are links to weblogs that reference Eleventh Circuit affirms variance of 7+ years above child porn guideline range:

Comments

Can a brother get a well-placed comma? I had to click on the link to confirm for sure whether this was a "25-year, above-guidelines" sentence or a "25-year-above-guidelines" sentence!

Posted by: Anon | Nov 19, 2010 5:51:31 PM

Post a comment

In the body of your email, please indicate if you are a professor, student, prosecutor, defense attorney, etc. so I can gain a sense of who is reading my blog. Thank you, DAB