U.S. v. Fogle

Dist. Ct. did not err in imposing above-guideline sentence of 188-month term of incarceration on charge of distributing and receiving child pornography, as well as traveling to engage in sexual conduct with minor, even though defendant urged that Dist. Ct. impose 60-month term of incarceration, and govt. recommended that defendant receive 151-month term of incarceration, which was within applicable guideline range. Record failed to support defendant’s claim that Dist. Ct.: (1) was unduly influenced by defendant’s relationship with close friend and employee who produced/obtained child pornography and shared same with defendant; and (2) based instant sentence on defendant’s fantasies, rather than his actual conduct, where Dist Ct. found that defendant had obsession with child pornography and had repeatedly sought and traveled to have sex with minors. Moreover, Dist. Ct. could properly consider fact that defendant received and showed to third-party pornography depicting six-year-old. Fact that defendant had stable upbringing, had well-known role as spokesman for national restaurant chain and lacked criminal history did not preclude Dist. Ct. from imposing above-guideline sentence.