United States v. Perkins, No. 22-50987 (5th Cir. 2024)
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The case involves Thomas Perkins, who was convicted of one count of distributing child pornography and eight counts of possessing devices containing child pornography. Perkins, who has mental health issues, was deemed competent to stand trial by the district court. He was sentenced to over 157 years in prison, a significant upward variance from the guideline range. Perkins appealed, challenging both the competency determination and the reasonableness of his sentence.
Perkins was initially charged with possession and distribution of child pornography. His counsel filed a motion for a mental examination, which was granted. Perkins was evaluated by a psychologist who determined that he was competent to stand trial. Perkins filed a motion for a second competency hearing, supported by a report from a psychologist retained by the defense, who diagnosed Perkins with bipolar-type schizoaffective disorder and autism. The government then moved for another psychological examination. Perkins was evaluated by a second psychologist, who determined that Perkins did not have a mental disease that rendered him unable to understand the nature of the charges or the consequences of the proceeding or to assist in his defense.
The United States Court of Appeals for the Fifth Circuit affirmed the conviction but vacated the sentence. The court found that the district court's determination of Perkins's competency was not clearly arbitrary or unwarranted. However, the court found that the district court erred in its sentencing, as it did not provide a sufficient explanation for the significant upward variance from the guideline range. The case was remanded for resentencing.
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