United States v. Collins, No. 15-3309 (6th Cir. 2016)
Annotate this CaseInvestigators used peer-to-peer software to download child pornography from defendant’s computer. They later confiscated his computer and found 19 videos and 93 images depicting child pornography. Defendant was charged with receiving and distributing child pornography, 18 U.S.C. 2252(a)(2), and possessing child pornography, 18 U.S.C. 2252A(a)(5)(B). Although defendant signed custodial statements admitting to searching for and downloading child pornography, he disavowed these statements during his trial testimony. Following the jury’s determination of guilt, the judge polled the jury: State what you believe an appropriate sentence is.’ Jurors’ responses ranged from zero to 60 months’ incarceration, with a mean of 14.5 months and median of 8 months. With one exception, every juror recommended a sentence less than half of the five-year mandatory minimum accompanying defendant’s offenses. Over the government’s objection, the district judge considered the jury poll as “one factor” in fashioning defendant’s sentence. The court imposed concurrent five-year sentences, although his calculated sentencing guidelines range was 262 to 327 months, above the statutory 20-year maximum for his offenses. The Sixth Circuit affirmed, stating that it was satisfied with the district court’s discussion of the sentencing factors in granting defendant a downward variance.
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