U.S. v. Schuster

Federal 7th Circuit Court
Criminal Court
Citation
Case Number: 
No. 11-3338
Decision Date: 
February 4, 2013
Federal District: 
W.D. Wisc.
Holding: 
Affirmed
Dist. Ct. did not err in sentencing defendant to 262-month term of incarceration on charge of using minors to produce child pornography based in part on finding that defendant actually distributed series of pornographic pictures where defendant admitted in pre-sentencing written allocution that he generated said pictures and sent them to third-party. Moreover, Dist. Ct. could properly reject defendant’s claim that said allocution was inadmissible as part of proffer agreement between defendant and govt., since defendant used said allocution to affirmatively present his own mitigation argument. Ct. also found that instant sentence was substantively reasonable, even though defendant presented substantial mitigation evidence, where record showed that defendant used three minor victims, two of whom were related to defendant, to generate his pornography.