Federal Judiciary

United States v. Martinucci, 561 F.3d 533 (2d Cir. 2009)

Martinucci pled guilty to one count of producing child pornography, in violation of 18 U.S.C. § 2251(a).  For that offense, he faced a 180 month mandatory minimum, even though the advisory Guidelines indicated a 135 to 168 month term of imprisonment. 

The sentence?  300 months. 

The reason?  An upward departure under Section 5K2.8 of the Guidelines (Extreme Conduct). 

The result on appeal?  Affirmed. 

The reasoning?  "Nor is there merit to Martinucci's contention that the court acted unreasonably in departing upward under U.S.S.G. § 5K2.8 and imposing a term of imprisonment of 300 months.  The district court conscientiously reviewed the pertinent sentencing factors specified by § 3553(a) and concluded, considering the seriousness of the offense and the great harm inflicted on the victim, the defendant's recidivism, and his lack of remorse, that the need for punishment, for deterrence of others, and for protection of society justified the lengthy imprisonment term.  The court did not exceed it's sentencing discretion. . . .  In our view, the sentence was altogether appropriate."