United States v. Aleo, No. 10-1569 (6th Cir. 2012)
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Aleo pled guilty to production of child pornography, 18 U.S.C. 2251(a), possession of child pornography, 18 U.S.C. 2252A(a)(5)(B), and transporting and shipping child pornography, 18 U.S.C. 2252A(a)(1). The offenses involved his five-year-old granddaughter. His guidelines range was 235–293 months. He was sentenced to the statutory maximum for all three counts, 720 months of imprisonment, to be served consecutively. Aleo’s trial attorney was sanctioned $2,000 for filing a motion to compel the government to make a formal motion regarding any victim who wanted to speak at trial pursuant to the Crime Victim Rights Act, naming the victim, and providing a preview of the victim's statement. The Seventh Circuit reversed the sanction and remanded the sentence as substantively unreasonable. The court stated that it could find no justification within the factors enumerated in 18 U.S.C. 3553(a) for the sentencing variance and that the attorney did not act in bad-faith to intimidate a victim who wished to speak during sentencing, pursuant to her rights under the Act, 18 U.S.C. 3771.
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