U.S. v. LaRaneta

Federal 7th Circuit Court
Criminal Court
Citation
Case Number: 
No. 12-1302
Decision Date: 
November 14, 2012
Federal District: 
N.D. Ind., Hammond Div.
Holding: 
Affirmed and vacated in part and remanded
Dist. Ct. did not err in sentencing defendant to 30-year term of incarceration on seven-counts of receipt, possession and distribution of child pornography charges where Dist. Ct. imposed six concurrent 20-year sentences on distribution and receipt counts, as well as consecutive 10-year sentence on possession count. Instant sentence was below sentencing guidelines, and Dist. Ct was not required to impose consecutive sentence on possession count. Moreover, Dist. Ct. could impose said sentence after finding that defendant exhibited pattern of activity involving sexual abuse of victims, even though such pattern concerned uncharged conduct. Dist. Ct. erred, though, in imposing restitution amounts of $3,367,854 and $965,827.64 for damages incurred by two girls whose pornographic images were found in defendant’s possession. While record supported Dist. Ct.’s calculation of damages, it improperly failed to reduce one award by amounts victim had received from other defendants in other cases. Also, new hearing was required to determine whether defendant had actually downloaded and/or had transmitted said images to other individuals