Sixth Circuit weighs in with instructions on restitution sentencing in child porn cases
Sentencing Law and Policy Blog: A helpful reader alerted me to a notable ruling by a Sixth Circuit panel today in US v. Gamble, No. 11-5394 (6th Cir. Feb 27, 2013) (available here). Here is how the majority opinion gets started . . .
Split 2nd Cir. Upholds Coach’s 30-Yr. Sentence For Sexting Child Porn, Guidelines Called for Life
National Law Journal: A divided federal appellate court has affirmed the 30-year prison sentence given to a former field hockey coach for soliciting pornographic images from a girl he coached and sharing them with another teen girl with whom he sought to have sex. | United States v. Broxmeyer, 10-5283-cr
Sixth Circuit: 1 Day Child Pornography Sentence Unreasonable
Findlaw: What’s an appropriate sentence for a defendant who pleads guilty to possessing over 7,100 images of child pornography? While the Sixth Circuit Court of Appeals declined to answer that precise question this week, it ruled that a one-day sentence and a $100 fine landed on the lax side of the child pornography sentence spectrum. | U.S. v. Robinson
Second Circuit panel reverses child porn restitution award to “Amy”
Sentencing Law and Policy:: The Second Circuit has today issued an important new opinion in the on-going saga concerning whether and how the kids victimized by being featured in illegal child pornography can secure restitution awards from defendants who downloaded these pictures via the internet. The panel opinion in US v. Aumais, No. 10-3160 (2d Cir. Sept. 8, 2011) (available here), gets started this way . . .
3rd Circuit upholds child porn sentence reduction, discusses criticism of sentencing guidelines
United States v. Grober, No 09-1318 (3rd Cir. Oct. 26, 2010)
5th Circuit: Recipient of child pornography can challenge “sex offender” label prior to release and registration
Pearson v. Holder, No. 09-10808 (5th Cir. Oct. 20, 2010)
NH Supreme Court: sex offender can’t attend church even with chaperone
New Hampshire v. Perfetto, No. 2009-647 (N.H. Sept. 17, 2010)
Case highlights inconsistency between N.Y. statutory rape laws, federal child porn laws
Law.com: “A federal appeals panel has thrown out a child pornography conviction that was based on explicit photographs texted by a 17-year-old to her field-hockey coach. The 2nd U.S. Court of Appeals held there was no evidence that defendant Todd Broxmeyer asked 17-year-old ‘A.W.’ to take the pictures, and therefore no evidence that he ‘produced’ them as defined by the federal child pornography statutes.” | USA v. Broxmeyer, No. 09-1457-cr (2nd Cir. Aug. 3, 2010)
Split en banc 11th Circuit rules child molester’s 17½-year sentence substantively unreasonable
U.S. v. Irey, No. 08-10997 (11th Cir. July 29, 2010)
8th Circuit: A special condition of supervised released prohibiting possession of all materials containing nudity is stricken on overbreadth grounds
U.S. v. Simons, No. 09-2142 (8th Cir. July 21, 2010)
