United States v. Huckins

529 F.3d 1312, 2008 U.S. App. LEXIS 13809, 2008 WL 2514460
CourtCourt of Appeals for the Tenth Circuit
DecidedJune 25, 2008
Docket07-3220
StatusPublished
Cited by125 cases

This text of 529 F.3d 1312 (United States v. Huckins) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Huckins, 529 F.3d 1312, 2008 U.S. App. LEXIS 13809, 2008 WL 2514460 (10th Cir. 2008).

Opinions

KELLY, Circuit Judge.

Defendant-Appellee Scott James Huc-kins pleaded guilty to one count of possession of child pornography in violation of 18 U.S.C. § 2252(a)(4)(B), and one count of criminal forfeiture, 18 U.S.C. § 2253(a)(3). Although the applicable United States Sentencing Guidelines (“U.S.S.G.” or “Guidelines”) (2006) range was 78 to 97 months, the district court, after weighing the factors set forth in 18 U.S.C. § 3553(a), sentenced Mr. Huckins to 18 months’ imprisonment and 3 years’ supervised release, fined him $1,000, and required him to forfeit his computer equipment. The government appeals, arguing that it was substantively unreasonable for the district court to grant a downward variance. Our jurisdiction arises under 28 U.S.C. § 1291 and 18 U.S.C. § 3742(b), and we affirm.

Background

On April 6, 2005, agents of the Federal Bureau of Investigation went to Mr. Huc-kins’s residence in Wichita, Kansas. Mr. Huckins was not home but his father was present. The agents informed Mr. Huc-kins’s father that Mr. Huckins’s credit card had been used to purchase a membership to a website that hosted child pornography. Mr. Huckins’s father gave the agents verbal consent to search for child pornography on Mr. Huckins’s computer, which was located in Mr. Huckins’s bedroom. Mr. Huckins was contacted by telephone and gave the agents verbal consent to search his computer.

[1315]*1315The agents executed a “pre-search” computer utility program on Mr. Huckins’s computer and uncovered images of child pornography. The images were of real children and had been shipped in interstate commerce via the internet. Mr. Huckins’s computer was seized and sent to the Heart of America Regional Computer Forensics Laboratory for forensic examination. That examination uncovered images of child pornography, pictures of known child pornography victims, a file sharing program, and an internet history displaying child pornography sites visited. [ApltApp. at 10]

Mr. Huckins was indicted for possession of child pornography and criminal forfeiture on November 14, 2006. He pleaded guilty to both charges by way of a plea agreement on March 7, 2007. Following Mr. Huckins’s guilty plea, a presentence investigation report (“PSR”) was prepared. The PSR calculated a total offense level of 28, which included a base offense level of 18 pursuant to U.S.S.G. § 2G2.2(a)(l), a 2-level enhancement pursuant to § 2G2.2(b)(2) because the offense involved material containing prepubescent minors or minors who had not attained the age of 12 years, a 4-level enhancement pursuant to § 2G2.2(b)(4) because the offense involved material portraying sadistic or masochistic conduct, a 2-level enhancement pursuant to § 2G2.2(b)(6) because a computer or interactive computer service was used for the possession, transmission, receipt or distribution of the material, a 5-level enhancement pursuant to § 2G2.2(b)(7)(D) because the offense involved over 600 images containing child pornography, including 14 videos, a 2-level reduction pursuant to § 3El.l(a) for acceptance of responsibility, and a 1-level reduction pursuant to § 3E 1.1(b) for entering a timely guilty plea. The offense level of 28, together with a criminal history category of I, resulted in a Guidelines imprisonment range of 78 to 97 months.

Mr. Huckins initially objected to three of the PSR’s offense-level enhancements but later withdrew those objections. He also filed a motion for a downward variance pursuant to 18 U.S.C. § 3553(a). In his motion, Mr. Huckins argued that, among other things, he was 20 years old at the time of the crime and 22 at the time of sentencing, he had virtually no criminal record, had been employed, cooperated with law enforcement and consented to the search, was not indicted until a year and a half after the FBI seized his computer, he pleaded guilty, immediately sought psychotherapy once charged, and made efforts to correct his life, such as becoming involved in relationships and stopping excessive drinking. He also noted that, as a result of pleading guilty, he will be a registered sex offender for the remainder of his life. [Aplt-App. at 25-28]

The government opposed Mr. Huckins’s motion, arguing that a sentence within the Guidelines range was appropriate. The government explained that Mr. Huckins’s age was irrelevant, his cooperation was already accounted for in the 3-level reduction for his acceptance of responsibility and timely guilty plea, and he did not seek medical treatment until after his unlawful activity was discovered.

At Mr. Huckins’s sentencing, the district court initially indicated that it intended to impose a sentence of 78 months, which represented the low end of the Guidelines range, but then expressed concerns about the length of such a sentence. Although the court recognized the nature and seriousness of the offense, it found Mr. Huc-kins’s case distinguishable from other child pornography cases over which it had previously presided, and stated that it was considering a downward variance to a range of 36 to 48 months. The government ad[1316]*1316vised the court that it would not oppose a downward variance down to 48 months. Aplt.App. at 73.

The parties then presented their arguments, and Mr. Huckins made his allocution. After, the court responded that it was not ready to impose sentence. The court discussed that it was troubled by this case because Mr. Huckins did not fit the characteristics of the typical defendant who possesses child pornography and that he was not prosecuted until a year and a half after the seizure of his computer. The court also noted that Mr. Huckins was very cooperative with law enforcement, and it referenced the letters it received on behalf of Mr. Huckins. While recognizing the nature and seriousness of the offense, the court explained that “the history and circumstances of the defendant seem to me to weigh every bit as heavily as the nature and seriousness of the offense. I think that the sentence, I would hope, if it’s to be a just sentence, has to fit not only the crime but the offender.” Id. at 67. With that, the court continued sentencing for one week.

When sentencing resumed, the court announced it intended to impose a sentence of 18 months. The court began its explanation of Mr. Huckins’s sentence by indicating that it took a significant amount of time in deciding what constituted an appropriate sentence in this case. As a starting point, the court discussed that it recognized the nature and seriousness of possessing child pornography as well as the serious penalties Congress has imposed for that offense. The court expressed that it did not want to “downplay the significance of the problem or Congressional action in anyway.” Id. at 69. Indeed, the court expressly rejected a probationary sentence “given Congress’s clear statement reflecting the attitudes of the people of this country with respect to possession of child pornography.” Id. at 71. In so doing, the court noted that

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Cite This Page — Counsel Stack

Bluebook (online)
529 F.3d 1312, 2008 U.S. App. LEXIS 13809, 2008 WL 2514460, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-huckins-ca10-2008.