U.S. v. Esposito

Dist. Ct. did not err in sentencing defendant to 200-year term of incarceration on multiple accounts of sexually exploiting child that involved defendant’s adopted son from Guatemala, as well as possession of child pornography. Record showed that defendant’s offenses concerned anal and oral penetrations that included use of objects, as well as abuse that included urinating on, choking, whipping, and putting collar on victim that began when victim was eight years old and continued until he was fourteen years old. Applicable guideline range was life in prison, but none of 20 counts of sexual exploitation of minor had statutory maximum of life imprisonment. Moreover, probation department recommended 600-year sentence, while government recommended 620-year sentence and defendant recommended 420-month sentence. Dist. Ct., though, explained that de facto life sentence was appropriate and then imposed six 30-year sentences to be served consecutive to each other, to be followed by fifteen 20-year sentences to be served concurrently with each other, but consecutive to instant 30-year sentences. Ct. rejected defendant’s argument that Dist. Ct. committed procedural error by failing to first determine overall punishment and then adjusting actual sentences to said determination, since sentencing guidelines do not require Dist. Ct. to undergo defendant’s proposed procedure. Also, record suggests that Dist. Ct. effectively determined that defendant should receive life imprisonment and appropriately followed section 56G1.2 of USSG to impose consecutive sentences to achieve such result.