Thursday, March 1, 2012

7th Cir. affirms 32-year CP sentence; judge expresses sentencing guidelines concern

The Seventh Circuit has upheld a sentence of 32 years for production and possession of child pornography (United States v. Klug, 670 F.3d 797 (7th Cir. 2012)). The defendant had videoed children showering and changing clothes on church trips while he was serving as a chaperone. An investigation revealed 59,000 still images and 12,000 videos of child pornography. Noting a related case with a reasonable 80-year sentence (United States v. Noel, 581 F.3d 490, 500 (7th Cir. 2009)), the court affirmed.

In a concurring opinion, Judge Cudahy agreed to affirming the sentence because it fell within the sentencing guidelines but expressed that "the sentencing process need[s] to focus on a better provision of reasonable standards." Cudahy suggested too much speculation goes into these decisions with the result being that "uniformity cannot be achieved and justice is elusive."


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