United States v. Munjak, No. 11-2058 (8th Cir. 2012)
Annotate this CaseDefendant pleaded guilty to one count of possession of child pornography and was sentenced to 97 months' imprisonment, to be followed by a lifetime of supervised release with special conditions. Defendant appealed his sentence and the special condition. The court held that there was no procedural error in defendant's sentence where the district court adequately considered defendant's arguments for a variance from the guidelines, acknowledged his contention that the sentencing guidelines were excessive, and then granting him "some relief" by sentencing at the bottom of the advisory range. The court also held that the sentence was substantively reasonable where the district court did not abuse its discretion in ultimately concluding that a sentence at the bottom of the guidelines range was appropriate. Finally, the court held that the Internet usage special condition reasonably related to 18 U.S.C. 3553(a) factors and was reasonably necessary to further the purposes of sentencing, including adequate deterrence and protection of the public from future crimes by defendant. Accordingly, the court affirmed the judgment.
Court Description: Criminal case - Sentencing. District court adequately explained its sentencing decision; sentence was not substantively unreasonable; reasons for limiting defendant's future internet access were evident from the record and the restrictions were reasonably related to the 3553(a) factors and the purposes of sentencing.
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