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Another Federal Child Pornography Sentencing That Questions the Enhancements

Tim Zerillo has lectured nationally on issues related to defending federal computer crimes. There was an interesting opinion this week regarding enhancement issues. This is fairly complicated from a legal perspective, but for those of you who understand these issues, I enclose it for your consideration.

In United States of America, v. Christopher E. Pelloski, Case No.: 2:13-cr-230, 2014 U.S. Dist. LEXIS 98757, (S.D. Oh. July 21, 2014), Judge Graham reviews the circuit split that has developed with respect to whether Kimbrough applies to USSG 2G2.2. Judge Graham notes that Fifth, Sixth and Eleventh Circuits have held that Kimbrough DOES NOT apply to USSG 2G2.2, such that district courts may give it little to no deference based upon policy disagreements. The Second, Third and Ninth Circuits have held that Kimbrough DOES apply to USSG 2G2.2. He then reviews the disparity in sentences imposed in these two circuit clusters: "The mean sentence in the Pro-Rejection circuits for a nonproduction child pornography offense was 75.53 months imprisonment. In contrast, the mean sentence in the Anti-Rejection circuits was 109.51 months, an increase of almost three years." An important point to be made in these cases and for the Supreme Court of the United States to ultimately resolve.

Timothy E. Zerillo has been included in every edition of New England Super Lawyers since 2010, for his Super Lawyers page, go to http://www.superlawyers.com/maine/lawyer/Timothy-E-Zerillo/ab011be9-fc96-44e9-ad28-3956da48c1b4.html

Timothy E. Zerillo has a 10 out of 10 rating from AVVO.com - for his ratings page, go to http://www.avvo.com/attorneys/04112-me-timothy-zerillo-1844626.html


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