United States v. Craig, No. 12-1262 (7th Cir. 2012)Annotate this Case
Defendant, age 46, pleaded guilty to four counts of producing child pornography, 18 U.S.C. 2251(a). He photographed his repeated sexual assaults on a girl who was a friend of his daughters. He obtained additional images by threatening to kill her unless she photographed herself in sexually explicit poses and emailed him the images. The abuses began when she was 11 years old and continued until she was 14. Because his total offense level was 43, his guidelines sentence for each count was life. The judge could not impose that sentence because the statutory maximum for each count was 30 years, 18 U.S.C. 2251(e). The judge imposed the 30-year maximum on one count and concurrent sentences of 20 years on each remaining count, but ordered that the 20-year sentences be served consecutively to the 30-year sentence, making the total sentence 50 years. The guidelines permit the judge to sentence consecutively when necessary to bring the total sentence into the guidelines range, even though the sentence would exceed the statutory maximum for any count, U.S.S.G. 5G1.2(d). Defendant’s lawyer filed an Anders motion to withdraw on the ground that the appeal is frivolous. The Seventh Circuit granted the motion and dismissed the appeal.