United States v. Irey

563 F.3d 1223, 2009 WL 806860
CourtCourt of Appeals for the Eleventh Circuit
DecidedMarch 30, 2009
DocketNo. 08-10997
StatusPublished
Cited by9 cases

This text of 563 F.3d 1223 (United States v. Irey) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh 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. Irey, 563 F.3d 1223, 2009 WL 806860 (11th Cir. 2009).

Opinions

EDMONDSON, Chief Circuit Judge:

This appeal is about the discretion of a district court to impose a particular sentence. William Irey (“Defendant”) — age 50 at sentencing — pleaded guilty to using minors to engage in sexually explicit conduct outside the United States for the purpose of producing visual depictions of such conduct and transporting those images to the United States. Believing that the sentence imposed on Defendant is too lenient, the government appeals Defendant’s sentence of 210 months’ imprisonment plus a life term of supervised release involving many different restrictions on his liberties. We affirm the sentence.

BACKGROUND

Defendant pleaded guilty to violating 18 U.S.C. § 2251(c). Defendant’s guilty plea followed his arrest and indictment as the result of a nationwide investigation by the Bureau of Immigration and Customs Enforcement (“ICE”). ICE intercepted an online message Defendant posted in which he offered to trade pornographic pictures for a subscription to a pornographic website. ICE later searched Defendant’s residence and discovered images of Defendant participating in sex acts with children between the ages of 4 and 16 years old. Further investigation revealed that Defendant had repeatedly traveled to Cambodia to engage in sex tourism, and that during these trips, he had videotaped and photographed himself engaging in sex acts with minors. The photographs depicted different graphic sex acts, and some included torture. The crime is an ugly one; the sentencing judge described the conduct as “horrific.”

The Presentenee Investigation Report (“PSI”) assigned Defendant an offense level of 43 with a criminal history category of I (no prior convictions); the guidelines imprisonment range is life. But because the maximum term provided by the statute is 360 months, the guidelines sentence is 360 months’ imprisonment. U.S.S.G. § 5Gl.l(a); 18 U.S.C. § 2251(e).

At sentencing, the district court adopted the PSI; and Defendant presented evidence. The court heard the testimony of [1225]*1225Dr. Ted Shaw, who had earlier submitted a “Psychosexual Evaluation Report” on Defendant. Dr. Shaw testified that Defendant had a long-standing sexual obsession and was also suffering from either depression or an adjustment disorder with depression features. Dr. Shaw also testified that Defendant had accepted responsibility for his acts, was treatable, and could be successful in supervised release after treatment: Dr. Shaw stated that Defendant had a “medium low to medium” risk of recidivism. Members of Defendant’s family also testified that Defendant was a wonderful husband, father, and person, that he had embraced treatment and had been acting as a peer mentor of other patients through Alcoholics and Narcotics Anonymous, and that they would remain supportive of him. The court noted Defendant’s age.

The district court acknowledged the Sentencing Guidelines, observed that they are important but advisory, and recognized that, after determining the guidelines sentence, the court looks at the 18 U.S.C. § 3553(a) factors to determine an appropriate sentence. The district court also observed that the statutory minimum sentence for Defendant’s offense was 180 months and the statutory maximum and guidelines sentence was 360 months. The district court considered — on the record— the nature of the offense, Defendant’s victims, Defendant’s personal characteristics and history, the interest in deterrence, and other factors in coming to its decision. The district court then sentenced Defendant to 210 months’ imprisonment plus a life term of supervised release, including mandatory participation in a mental health program specializing in sex offender treatment.

DISCUSSION

Appellate judges are not authorized to substitute their personal views of what might be the best sentence for the sentence imposed by the district judge. See United States v. Melvin, 187 F.3d 1316, 1323 (11th Cir.1999) (citing Williams v. United States, 503 U.S. 193, 204, 112 S.Ct. 1112, 117 L.Ed.2d 341 (1992)). Nor are we, on review, looking to see if the district court’s ultimate sentence matches the one precise and correct answer per some algebraic formula. Under United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), we review sentences for reasonableness in the light of the factors listed in section 3553(a).

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Related

United States v. Dean
635 F.3d 1200 (Eleventh Circuit, 2011)
United States v. Irey
746 F. Supp. 2d 1232 (M.D. Florida, 2010)
United States v. William Irey
Eleventh Circuit, 2010
United States v. Carl Mitchell Hooper
338 F. App'x 866 (Eleventh Circuit, 2009)
United States v. Irey
579 F.3d 1207 (Eleventh Circuit, 2009)

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Bluebook (online)
563 F.3d 1223, 2009 WL 806860, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-irey-ca11-2009.