United States v. Farrar, No. 16-11161 (5th Cir. 2017)Annotate this Case
The Fifth Circuit affirmed defendant's conviction and sentence for possessing, while in federal prison for a child-pornography offense, obscene depictions of a minor engaged in sexually-explicit conduct (images). The court held that defendant, through his nolo contendere plea and statements in district court, knowingly, voluntarily, and intelligently waived his argument that the images were not obscene. The court also held that defendant's ten-year sentence was not grossly disproportionate to his crime and the court declined to impose a categorical rule that a ten-year sentence for a recidivist's possessing obscene material depicting sexual acts of children was categorically disproportionate.