United States v. Jenkins, No. 14-4295 (2d Cir. 2017)Annotate this Case
Defendant was convicted of one count of possession of child pornography and one count of transportation of child pornography. The government proved at trial that defendant owned a collection of child pornography and brought it across the U.S.-Canada border on the way to a family vacation for his personal viewing. The district court imposed concurrent 120 months for the possession count and 225 months for the transportation count, as well as 25 years of supervised release. The court concluded that the factors upon which the district court relied— retribution, deterrence, and incapacitation, and the attributes of defendants and his crimes—cannot bear the weight of the sentence the district court imposed. The court also explained that its conclusion that the sentence was excessive was reinforced by the need to avoid unwarranted sentence disparities and by the need to avoid excessively severe conditions of supervised release. Therefore, defendant's sentence was substantively unreasonable. The court vacated the sentence and remanded for resentencing.