United States v. Furman, No. 16-3238 (8th Cir. 2017)
Annotate this CaseRex Lee Furman was convicted by jury on thirteen counts of producing child pornography; two counts of distributing child pornography; one count of receiving child pornography; one count of possession of child pornography; and one count of commission of a felony offense involving a minor when required to register as a sex offender. The district court sentenced Furman to life imprisonment, as well as to a 120-month consecutive sentence. Furman appealed, arguing the district court erred in denying his motion for judgment of acquittal on the production and distribution counts and in admitting evidence of his 1999 conviction of first-degree criminal sexual conduct. He also contends that his sentence violates the Eighth Amendment’s prohibition on cruel and unusual punishment. Finding no abuse of discretion of other reversible error, the Eighth Circuit affirmed Furman’s convictions.
Court Description: Wollman, Author, with Arnold and Gruender, Circuit Judges] Criminal case - Criminal law and sentencing. The evidence was sufficient to show defendant produced the child pornography charged in the indictment; defendant understood that he was placing the pornography in folders shared over a peer-to-peer network and a reasonable jury could find he knowingly distributed child pornography; no error in admitting into evidence a 1999 conviction for first-degree sexual conduct as the conduct was similar and was relevant to show intent and motive as well as a propensity to sexually assault young female family members; mandatory life sentence required by 18 U.S.C. Sec. 3559(e) for repeat child sex offenders is not a violation of the Eighth Amendment.
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