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USSC Report Highlights Problems with Sentencing in Child Porn Cases
Loaded on Sept. 15, 2022
by Dale Chappell
published in Criminal Legal News
October, 2022, page 38
Filed under:
Child Pornography.
Location:
United States of America.
Why don’t federal judges follow the recommended sentences for child porn offenders? Here’s a government report answering that question.
by Dale Chappell
If Congress wants to complain that federal judges are “too lenient” on child pornography offenders, it may want to take a look at a recent …
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More from this issue:
- Government Snitches Rake in Millions as Their Testimony Is the Leading Cause of Wrongful Convictions, by Jacob Barrett, Dale Chappell
- California Court of Appeal Vacates Conviction Because Generic Immigration Consequences Warning Insufficient for Defendant to Understand Mandatory Immigration Consequences as a Result of Guilty Plea, by David Reutter
- The FBI’s Gestapo Tactics: Hallmarks of an Authoritarian Regime, by John W. Whitehead, Nisha Whitehead
- California Court of Appeal: Defendant’s ‘Novel Interpretation’ of Pen. Code § 1203.01 Entitles Him to Have Trial Court Consider Motion to Correct Post-Judgment Record 40 Years After Conviction Final, by Douglas Ankney
- SCOTUS Announces Government Must Prove Physicians in § 841 Prosecutions ‘Knowingly and Intentionally’ Exceeded Their Authorization to Prescribe Controlled Substances, Such as Opioids, by Harold Hempstead
- Texas Court of Criminal Appeals: Warrant to Search Cellphone Must Establish Nexus Between Device and Offense Beyond ‘Boilerplate’ Language About Cellphones Being Ubiquitous and Used in Crimes, by Anthony Accurso
- Hawai’i Supreme Court Announces Medical ‘Rule-Out Questions’ Prior to Field Sobriety Test Are Interrogation Triggering Miranda Requirements, by Anthony Accurso
- New Jersey Supreme Court Orders New Trial Because Detective Failed to Clarify Suspect’s Ambiguous Request for Counsel During Interrogation, by Douglas Ankney
- Third Circuit Announces First Step Act Applies Retroactively to Defendant Whose Pre-Act Sentence Vacated After Act’s Enactment, by Harold Hempstead
- Fifth Circuit: New, Retroactive Supreme Court Decision Allowing SOS Habeas Petition Not New Enough to Avoid Procedural-Default Bar, by Dale Chappell
- SCOTUS: § 1983 Claim Cannot Be Based on Violation of Miranda Because Not Tantamount to Violation of Fifth Amendment, by Harold Hempstead
- Fifth Circuit: Officer’s Testimony About CI’s Controlled Buy That He Did Not Personally Witness Violates Confrontation Clause, by Mark Wilson
- SCOTUS Refuses to Extend Bivens Remedy to Either First Amendment Retaliation Claim or Fourth Amendment Excessive-Force Claim, by Dale Chappell
- Tech Giants Support Ban on Geofence and Reverse Keyword Warrants, by Anthony Accurso
- Seventh Circuit: Federal Habeas Corpus – AEDPA Time Limit Opens Door for Savings Clause Relief, by Dale Chappell
- Ohio Supreme Court: Amendment to Statute That Shifts Burden of Proof to State Regarding Self-Defense Applies to All Pending and New Trials After Effective Date, Regardless of When Alleged Crime Occurred, by Douglas Ankney
- New Mexico Supreme Court Announces Judicial Misconduct May Bar Retrial Under Double Jeopardy Clause of State Constitution, by Douglas Ankney
- USSC Report Highlights Problems with Sentencing in Child Porn Cases, by Dale Chappell
- California Court of Appeal Announces Term ‘Actual Killer’ in Revised Felony-Murder Statute Refers to Person Who ‘Personally Killed’ Victim, Not Necessarily Same as Person Who ‘Caused’ Death, for Resentencing Purposes Under § 1170.95, by Matthew Clarke
- Forensic Psychiatrist Questions the Value of Memory, by Jayson Hawkins
- The Blue Wall of Silence: Law Enforcement Whistleblowers Face Severe Retaliation, by Casey Bastian
- Fourth Amendment Loopholes and the PATRIOT Act’s Legacy, by Anthony Accurso
- FBI Phone Hack May Have Monitored Americans in Operation Trojan Shield, by Jayson Hawkins
- Psychological Repercussions of Surveillance, by Anthony Accurso
- Chicago PD Is Spying on Social Media Using Fake Profiles Provided by the FBI, by Anthony Accurso
- Study Shows Crime Reduced When Crisis Teams, as Opposed to Police, Respond to Low-Level Crimes, by Jacob Barrett
- Understanding Environmental Effects on Blowflies Permits Fine-Tuning of Evidence Revealed From Fly Colonization of Decomposing Bodies, by Douglas Ankney
- News in Brief
More from Dale Chappell:
- Arguing Successful Federal Habeas Corpus Claims, June 1, 2025
- How to Take Your Postconviction Case Directly to the U.S. Supreme Court: A Roadmap to Direct Collateral Review, March 15, 2025
- Federal Habeas Corpus for State Prisoners: Proving Unreasonableness Under AEDPA, Feb. 1, 2025
- Federal Court Rules Michigan’s Sex Offender Registration Laws Violate Constitution, Dec. 1, 2024
- Refuting the Government’s Argument Against Nonretroactive Changes in Law as Grounds for Compassionate Release, Oct. 1, 2024
- Federal Habeas Corpus: Getting Around Procedural Default, July 15, 2024
- The Death of the Savings Clause, May 15, 2024
- Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners, April 15, 2024
- Fourth Circuit Reinstates Relief From Death Penalty, Citing State’s Forfeiture of Argument Against Relief, May 15, 2023
- Federal Habeas Corpus: The Evidentiary Hearing for Federal Prisoners, April 15, 2023
More from these topics:
- Tenth Circuit Holds Prior California Child Pornography Conviction Does Not Trigger Federal Mandatory Minimum Because State Statute Encompasses Conduct Beyond Federal Definition Under Categorical Approach, April 1, 2026. U.S. Sentencing Guidelines, Qualifying Offenses, Mandatory Minimum Sentence, Statutory Construction/Interpretation, Child Pornography.
- Federal Prisoner in Virginia Convicted on Fresh Kiddie Porn Charges After Drawing His Own, March 1, 2024. Art, Child Pornography.
- Millionaire Florida Child Porn Convict’s Escape Thwarted, June 22, 2023. Escapes, Bail Bonds, Child Pornography.
- Arkansas Supreme Court Reverses 11 Counts of Possession of Child Pornography Because CGI Images Do Not Depict Image of a Child, June 15, 2023. Possession of Pornography, Child Pornography.
- Oklahoma Prison Industries Partially Shut Down After Convicted Child Molester Uses Work Computer to Download Kiddie Porn, Dec. 27, 2022. Prison Labor, Computers, Child Pornography.
- Philadelphia DA Krasner Calls Cop’s Arrest for Sexual Exploitation of Children ‘An Extremely Disturbing Case’, Oct. 27, 2022. Police Misconduct, Battered Child/Spouse Evidence, Sexual Abuse/Harrassment/Exploitation, Child Pornography.
- FBI Forces Suspect to Unlock Messaging App Using FaceID, Aug. 15, 2022. Searches - Cellphones/Computers/Internet, Electronically Stored Information, Child Pornography.
- Colorado Supreme Court: Dividing Multiple Images of Child Pornography Into Multiple Batches to Charge Multiple Counts Violates Double Jeopardy, Jan. 15, 2021. Double jeopardy, Child Pornography.
- Predator or Patsy? Long Sentences for Those Caught in Victimless Child Sex Stings, Jan. 15, 2021. Electronic Surveillance, Child Pornography.
- Seventh Circuit: Solo Masturbation Near Fully Clothed and Sleeping Child Does Not Constitute Production of Child Pornography, Oct. 15, 2020. Child Pornography.
