USA v. Blaine Handerhan, No. 12-3500 (3d Cir. 2014)
Annotate this CaseA joint undercover investigation determined that a single computer was sharing 1400 images or video files of child pornography. Pennsylvania State Police learned that the computer was located in the home of retired police Lieutenant Handerhan. A search warrant was executed and his computer was seized. It contained more than 6,000 images and video files of child pornography, including images of pre-pubescent children and images depicting sadomasochism and bondage. Forensic analysis revealed that Handerhan had configured a file sharing program to distribute the images. Charged with distribution of child pornography, 18 U.S.C. 2256(8)(A) and 2252A(2)(a), and possession of child pornography, 18 U.S.C. 2256(8)(A), Handerhan pled guilty to one count of possession. The prosecution agreed to dismiss the distribution charge and recommended that he receive a three-level offense-level reduction for acceptance of responsibility. The probation officer calculated a guidelines range of 151 to 188 months’ imprisonment. Sentenced to 96 months, Handerhan argued that the court erred by failing to explicitly address his request for a downward departure based on mental health issues and meaningfully consider factors enumerated in 18 U.S.C. 3553(a), including arguments regarding the unreasonable nature of U.S.S.G. 2G2.2. The Third Circuit affirmed, finding the sentence reasonable, but “reminded” the district court that motions seeking departure should be formally decided.
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