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Seventh Circuit affirms stat max sentence in child porn case

By Douglas A. Berman

The Seventh Circuit finds reasonable a 20-year statutory maximum sentence in a child porn case today in US v. Nurek, No. 07-3568 (7th Cir. Aug. 21, 2009) (available here).  Here is how the opinion starts: Joseph Nurek pleaded guilty to receiving child pornography in violation of 18 U.S.C. § 2252A(a)(2)(A) and was sentenced to 240 months in prison, the statutory maximum.  On appeal Nurek challenges the district court?s application of the two-level sentencing guidelines enhancement for obstruction of justice, see U.S.S.G. § 3C1.1; the government?s refusal to move for a third-point reduction in his offense level for acceptance of responsibility, see U.S.S.G. § 3E1.1(b); the district court?s use of the 2006 Guidelines Manual (in effect at the time of sentencing) instead of the 2003 Guidelines Manual (in effect at the time of his offense); and the overall reasonableness of his sentence...continue to full post

Full post as published by Sentencing Law and Policy on August 21, 2009 (boomark / email).