Dist. Ct. did not err in sentencing defendant to 57-month term of incarceration on charge of possession of child pornography arising out of defendant’s receipt and viewing of pornographic photos of defendant’s minor daughter that were taken by defendant’s husband and father of said daughter. Dist. Ct. used correct guideline (USSG section 2G2.1), where, as here, record showed that: (1) defendant not only knew of her husband’s interest in child pornography, but also shared with her husband instant pornographic pictures of her daughter; and (2) defendant had explicit knowledge that husband had taken pictures of daughter and did nothing to prevent him from doing so. Fact that defendant claimed that she feared husband during relevant time period did not require that Dist. Ct. use more lenient sentencing guideline.
Federal 7th Circuit Court
Criminal Court
Sentencing