Offense: Possession of Child Pornography (Federal charges)
Maximum Penalty: 120 months of prison time
Summary: The client was accused of downloading, distributing and viewing child pornography through a peer to peer (P2P) network, following the execution of a search warrant on the client’s home. Child pornography material included over 4,000 images of pre-pubescent teens as well as images that constitute sadistic and masochistic content under federal definitions. Client, who had no criminal history, was originally facing 135-168 months federal prison time. However, the statutory maximum penalty for this crime was 120 months (10 years) prison.
Result: In large part to pre-trial intervention undertaken at the recommendation of myself, the client was able to avoid a lengthy period of imprisonment for the conviction. The judge imposed a sentence of 30 (thirty) months, which was a 75% reduction of the Guidelines sentence the client was facing. During sentencing, the judge remarked on the fact that my client did not constitute the “ordinary” offender that she normally sees of sentencing on similar child porn cases and indicated that part of the reduction in sentencing was attributable to the client’s post-detention work on himself. While no one wants to do any time in federal prison, a sentence of 30 months is remarkable in light of the Guideline sentence of 120 months that my client was facing prior to getting me involved on his behalf.
