United States v. William Martin

718 F.3d 684, 2013 WL 2302103, 2013 U.S. App. LEXIS 10623
CourtCourt of Appeals for the Seventh Circuit
DecidedMay 28, 2013
Docket12-3154
StatusPublished
Cited by17 cases

This text of 718 F.3d 684 (United States v. William Martin) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh 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. William Martin, 718 F.3d 684, 2013 WL 2302103, 2013 U.S. App. LEXIS 10623 (7th Cir. 2013).

Opinion

PER CURIAM.

William Martin appeals his 10-year sentence for possession of child pornography. Because the district court did not address two of Martin’s arguments in mitigation, we vacate his sentence and remand for resentencing.

In July 2010, an undercover officer discovered that Martin had made available on a file-sharing network nine images and videos depicting child pornography. A search of the home Martin shared with his mother uncovered hundreds more images and several videos of child pornography on two computers in Martin’s bedroom.

Martin pleaded guilty to possessing child pornography. 18 U.S.C. § 2252(a)(4)(B). The probation officer who prepared the presentence report (“PSR”) calculated Martin’s total offense level at 30: his base offense level was 18, U.S.S.G. § 2G2.2(a)(l), and he received a 2-level upward adjustment because some of the material involved prepubescent children, id. § 2G2.2(b)(2), another 2-level upward adjustment because Martin had distributed images via a file-sharing network, id. § 2G2.2(b)(3)(F), a 4-level increase because some of the material was violent in nature, id. § 2G2.2(b)(4), a 2-level increase because he used a computer, id. § 2G2.2(b)(6), a 5-level increase because he possessed more than 600 images, id. § 2G2.2(b)(7)(D), and a 3-level decrease because he accepted responsibility, id. § 3E1.1. Combined with Martin’s category III criminal history, the guidelines yielded an imprisonment range of 121 to 151 months. Given the ten-year statutory maximum sentence, however, Martin’s effective guidelines range was 120 months. 18 U.S.C. § 2252(b)(2); U.S.S.G. § 5Gl.l(c)(l).

The PSR also described significant mental-health issues, noting that Martin had been diagnosed with major depressive disorder, dysthymia, alcohol and marijuana dependency, and polysubstance abuse, and had received a “possible, but doubtful” diagnosis of bipolar disorder. According to the PSR, Martin had also engaged in self-mutilation as a youth, had been hospitalized for mood disorders, and had attempted suicide several times, most recently about one year before the report was written. Martin, the PSR noted, was not receiving medication or treatment at the time of his arrest because he could not afford it.

Martin did not object to the PSR calculations, but he argued that he should receive a below-guidelines sentence for several reasons. First, he argued that his mental-health issues warranted a lower sentence because his behavior could be managed through treatment. In support of this argument, he pointed out that he had recently begun mental-health and substance-abuse treatment and had earned his GED and completed a cognitive-skills program and a work program. He argued, too, that the child-pornography guidelines produce sentences longer than necessary to serve the goals of sentencing in cases of mere possession, and he presented articles and studies to this effect. He further contended that given the wide availability of child pornography, his offense resulted in little incremental harm to the children depicted in the material he possessed. And due to a trend toward below-guidelines sentences in child-pornography cases, Martin urged that a shorter sentence was *687 necessary to avoid unwarranted disparities.

The district court adopted the probation officer’s guidelines calculations and sentenced Martin to 120 months’ imprisonment. In explaining this sentence, the court noted that it did not place much weight on deterrence given its view that child-pornography offenders were undet-errable because they “are not rational thinkers in the first place.” Nevertheless, the court went on to highlight “specific deterrence,” along with the seriousness of the offense and the need to protect the public, as justifying its sentence.

On appeal, Martin argues that his sentence is procedurally unreasonable because the district court ignored his principal arguments that (1) a lengthy sentence was unnecessary because his personal characteristics indicate a low likelihood of recidivism, (2) the child-pornography guidelines produce excessive sentences in child-pornography possession cases, (3) his contribution to the total harm of child pornography was negligible, and (4) a shorter sentence was necessary to avoid disparities created by the trend toward below-guidelines sentences for child-pornography defendants.

At sentencing, a district court must consider a defendant’s principal, nonfrivo-lous arguments for lenience. See United States v. Chapman, 694 F.3d 908, 913-14 (7th Cir.2012). We have therefore ordered resentencing when a district court either passes over a colorable argument in silence, see United States v. Robertson, 662 F.3d 871, 879-80 (7th Cir.2011); United States v. Villegas-Miranda, 579 F.3d 798, 801-02 (7th Cir.2009); United States v. Cunningham, 429 F.3d 673, 679 (7th Cir. 2005), or when its discussion is so cursory that we cannot discern its reasons for rejecting the argument, see United States v. Schroeder, 536 F.3d 746, 755-56 (7th Cir. 2008); United States v. Miranda, 505 F.3d 785, 792-93, 796 (7th Cir.2007).

Here, the district court’s failure to address Martin’s arguments regarding his likelihood of recidivism—particularly in regard to his mental-health issues—warrants remand. Martin’s lengthy and serious mental-health history was detailed in the PSR, which also noted that Martin had made significant progress since receiving treatment for his depression. The district court was not required to accept Martin’s argument that treatment of his mental-health issues would reduce his likelihood of reoffending, but Martin’s position was not so lacking in merit as to warrant no response. See United States v. Vidal, 705 F.3d 742, 744-45 (7th Cir.2013) (remanding for resentencing where district court failed to address defendant’s argument that treatment of mental-health issues would render him unlikely to reoffend); Miranda, 505 F.3d at 793 (same). And the district court’s general acknowledgment that Martin had a “very, very difficult life,” which was “not going to get any better” does not satisfy us that the judge appreciated that Martin was seriously ill or considered that his poor judgment might improve with treatment.

The district court also should have addressed Martin’s argument that the child-pornography guidelines do not approximate the goals of sentencing when applied to defendants convicted only of possession who have no history of contact offenses.

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Bluebook (online)
718 F.3d 684, 2013 WL 2302103, 2013 U.S. App. LEXIS 10623, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-william-martin-ca7-2013.