United States v. Haverkamp, No. 18-3735 (2d Cir. 2020)Annotate this Case
Defendant pleaded guilty to one count of distribution and receipt of child pornography and one count of possession of child pornography. The district court sentenced him to 121 months of imprisonment, followed by five years of supervised release, and imposed a $200 mandatory special assessment under 18 U.S.C. 3013, as well as a $10,000 assessment under 18 U.S.C. 3014.
The Second Circuit held that the district court did not abuse its discretion in sentencing defendant and his sentence was substantively reasonable. The court held that the text of the Justice for Victims of Trafficking Act (JVTA), 18 U.S.C. 3014, taken as a whole and in its context, is straightforwardly meant to be applied on a per-offender, not a per-count, basis. In this case, the district court erroneously applied the special assessment on a per-count, rather than per-offender, basis. Finally, the court held that the computer monitoring condition in question was reasonably related to the nature of defendant's offense. Accordingly, the court affirmed in part, vacated in part, and remanded for further proceedings.