United States v. Viren, No. 15-2078 (7th Cir. 2016)
Annotate this CaseA woman reported that Viren had raped her, that he possessed child pornography, that he possessed nude photographs of her, and that he was using the photographs as blackmail. Rock Island Police executed a search warrant. Viren admitted downloading child pornography. Forensic examinations of Viren’s digital devices revealed 876 images and 130 videos, including 334 images of infants and prepubescent females with their genitals exposed. There were sexually explicit photographs of Viren’s daughter (age three months) and of Viren’s fiancee’s nieces (two and three years old). Several images were of young children in bondage; two entailed bestiality. After being given Miranda warnings, Viren admitted that he took the photographs of his daughter and his fiancee’s nieces; that he rubbed, kissed, and licked their genitals; and that he used the photographs for sexual gratification. He pleaded guilty to three counts of sexual exploitation of a minor, 18 U.S.C. 2251, and one count of possession of child pornography, 18 U.S.C. 2252A, in exchange for an agreement that Viren’s sentence would not exceed 30 years. Viren told the court that he understood that it was not bound by the agreed-upon sentence. After reviewing the PSR, the court rejected the agreement and allowed Viren to withdraw his plea. Later, Viren entered an “open” guilty plea with no negotiated sentence. The court advised Viren of the possible penalties and ultimately sentenced him to 600 months (the statutory maximum). The Seventh Circuit affirmed, finding that the judge adequately explained his rejection of the first agreement.
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