United States v. Raiche

50 F.4th 279
Court of Appeals for the First Circuit·Decided October 6, 2022·No. 21-1591P·Published·Cited by 1 cases

Opinion

United States Court of Appeals For the First Circuit

No. 21-1591 UNITED STATES OF AMERICA, Appellee,

v.

CHRISTOPHER RAICHE,

Defendant, Appellant.

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE

[Hon. Lance E. Walker, U.S. District Judge]

Before

Gelpí, Howard, and Thompson, Circuit Judges

Stephen C. Smith for appellant.

Nicholas S. Heimbach, Assistant United States Attorney, with whom Darcie N. McElwee, United States Attorney, was on brief, for appellee.

October 6, 2022

GELPÍ, Circuit Judge. This case asks us to determine whether an eighty-year sentence for a 41-count indictment on child pornography charges violates the Eighth Amendment's prohibition on cruel and unusual punishment. U.S. Const. amend. VIII. For the reasons outlined below, we conclude this sentence does not amount to a violation and affirm the district court's judgment. Background We begin with the facts pertinent to this sentencing appeal and note that they are highly sensitive in nature.1 On October 16, 2019, the National Center for Missing and Exploited Children received a complaint from Yahoo!'s parent company, Oath Holdings, Inc., that a user had uploaded 270 images and/or videos depicting the sexual exploitation and abuse of children. The Maine State Police Cyber Crimes Unit and U.S. Department of Homeland Security investigated the case and identified the account as belonging to Christopher Raiche ("Raiche"). Investigators found that from January 2018 through October 2019, Raiche took sexually explicit photos of at least nine children (male and female) under the age of ten. To reach these children, he responded to Craigslist advertisements requesting childcare services and

1This appeal follows a guilty plea, thus the facts are drawn from the Revised Presentence Investigation Report ("PSR") and sentencing hearing, which Raiche at no point contested. See United States v. Blodgett, 872 F.3d 66, 68 (1st Cir. 2017) (citations omitted).

befriended a co-worker who needed a babysitter for her grandchildren. The day before his arrest, Raiche also posted a Craigslist advertisement claiming to have "10+ years of experience in childcare," noting he had been dealing with children from "newborn to 13 years." In total, Raiche obtained access to four different families and sexually exploited at least nine children -- Minors A, B, C, D, E, F, G, H, and I. In addition to these nine children, Raiche also harmed many other minors, who remain unidentified, by distributing, receiving, promoting, and possessing child pornography with their images. We discuss Raiche's conduct as it relates to these children in turn. Minors A, B, and C Minors A, B, and C were all under age six at the time that Raiche took sexually explicit photos of them. He met them by obtaining their grandmother's trust so that he could babysit them. The images he produced depict the children's groin and vulva. In some images, his hand is seen pulling their undergarments to the side, or their diaper undone, to expose their genitals. In others, his finger or thumb is placed directly on the child's vulva. Raiche distributed these images via emails in June 2018, August 2018, October 2018, December 2018, August 2019, and September 2019,

solicited similar images from others, and sought access to child pornography albums in exchange for his photos.2 Minors D and E Minors D and E were between the ages of two and four when they were under Raiche's care. He found them by responding to a Craigslist advertisement for childcare. He babysat them approximately three nights a week from October to December 2018. Again, Raiche produced images of the children's genitals. These images were emailed to solicit child pornography and/or uploaded to an online photo sharing website commonly used to trade child pornography from October to December 2018. Minors F and G Minors F and G were also between the ages of two and four at the time of the offense. Raiche reached them when their father requested his childcare services. The images depict Raiche posing the children to photograph their private areas. These images were distributed via email in September and October of 2019,

2 One of Raiche's emails reads:

Hello. I would love to trade [child pornography]. I have tons of it. Below is just a couple of photos. I have lots more if you will show me some of what you have. This is my own daughter. I have tons of boys too.

Let me know. I'm also on Mega at a different email. Let me know either way please.

including a message lamenting that one of the minors would not allow him to take more graphic images.3 Minors H and I Minors H and I were between the ages of six and nine when Raiche reached them. The Revised PSR does not specify how Raiche came to know them. The images also depict Raiche posing the girls to photograph their private areas. In one image, Raiche's hand is seen pulling the girl's underwear to the side to expose her vulva. The images were taken between January and June 2018 and were distributed via email to solicit child pornography in June 2018. Additional Minors Beyond the sexual exploitation of Minors A, B, C, D, E, F, G, H, and I (counts 1 through 4 of the indictment), Raiche also pled guilty to numerous counts of advertising, promoting, and soliciting obscene depictions of minors as well as transporting, possessing, and receiving child pornography involving numerous unnamed children. More specifically, Raiche distributed a specific video in July and twice in August 2019 depicting an adult male vaginally penetrating a three- to five-year-old girl with a

3 The email message reads: "Pictures? Couldn't get graphic ones of the girl. She wouldn't let me. But here is the best :) I got hope you enjoy."

graphic message4 relaying his own sexual abuse of a child. Moreover, Raiche distributed a minimum of 270 images and/or videos via his email account (likethemyoung@yahoo.com) and used a cloud storage hosting service to distribute more. His child pornography collection contained 61 identified series which were comprised of 22 images and 127 video files which equate to a total of 9,525 images (surpassing the sentencing guidelines' 600-image threshold to apply the highest-level sentencing enhancement based on the number of images). The forensic report further noted that Raiche viewed approximately 124,189 images/videos (though it did not note the specific number identified as child pornography) and more than 484 images were flagged as related to his production of child pornography. Beyond mere possession, Raiche also received

4 The message reads:

damn that one was so hot :) thank you for that.

The only thing I've been able to do with a girl is rub my dick against her pussy until I came. Also able to lick her out and play doctor with her. Enjoy these ones. Look forward to receiving some more from you :).

In a subsequent email Raiche writes:

Hey. I would love to trade pics and vids with you. I have a ton. Would love to see more pics and vids of that girls you have on imgsrc.ru. She is sexy and would love to see under those panties :) Anyways. Hope you enjoy what I have. This is just a small sample. If you have Mega I have more on there too. Let me know. Look forward to hearing from you :).

numerous images and videos of child pornography including depictions of the sexual abuse of prepubescent girls, the sexual abuse and exploitation of boys, and children engaging in sexual acts. The children depicted range from toddler to twelve years old.

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United States v. Raiche, 50 F.4th 279 (1st Cir. 2022).

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