Monday, January 27th, 2014

Court Affirms 168-Month Prison Term for Child Pornography Recipient

United States v. Melendez, No. 12-4181-cr (2d Cir. Jan. 24, 2014) (Wesley, Hall, and Chin) (summary order), available here

Convicted of one count of receiving child pornography, the defendant was sentenced to 168 months of imprisonment, the bottom of the 168-to-210 month Guidelines range. This summary order affirms the sentence as substantively reasonable.

The Court  held that the district court (Judge Bryant) carefully considered the Guidelines, weighed the facts, and imposed a sentence below what the Guidelines would have called for in the absence of a statutory maximum. The district court also found that the defendant showed little remorse for his conduct and that he was likely to re-offend. The court also found that the defendant was more than a passive recipient of child pornography. The Circuit acknowledged that a number of factors favored leniency, but held that the district court properly considered all the factors and imposed a reasonable sentence.

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