U.S. v. Bour

Federal 7th Circuit Court
Criminal Court
Sentencing
Citation
Case Number: 
Nos. 14-2211 & 15-1090 Cons.
Decision Date: 
October 27, 2015
Federal District: 
N.D. Ind., Hammond Div.
Holding: 
Affirmed
Dist. Ct. did not err in sentencing defendant to life term of incarceration on charge of purchasing child for production of child pornography as well as consecutive 1,020-month term of incarceration on multiple counts of producing and possessing child pornography arising out of incident where defendant had given money to mother of four-month-old infant girl for purposes of subjecting girl to various sexual acts. Dist. Ct. could properly consider sentencing memorandum’s discussion of defendant’s videos that depicted defendant’s masturbation, since said videos were relevant to sentencing decision because they demonstrated that defendant had taken pleasure in producing instant graphic films. Moreover, while Dist. Ct. committed procedural error in imposing consecutive sentence to instant life sentence without providing rationale for said imposition, remand was not required where instant life sentence was same as life sentence plus 1020 months. Ct. further found that instant sentence was substantively reasonable given nature of instant offense.