United States v. Madrid, No. 19-50999 (5th Cir. 2020)Annotate this Case
The Fifth Circuit affirmed defendant's sentence imposed after he pleaded guilty to conspiracy to possess child pornography. The district court sentenced defendant to 70 months in prison and ten years of supervised release; a $25,000 fine, a $100 mandatory special assessment, a $5,000 special assessment under the Justice for Victims of Trafficking Act of 2015 (JVTA); and a $5,000 assessment under the Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018 (AVAA).
The court held that the district court did not err in assessing a monetary penalty under the AVAA, because a monetary penalty under the AVAA is separate and distinct from restitution, and a special assessment under 18 U.S.C. 2259A does not require identification of a victim and proof of losses. The court also held that no discrepancy exists between the orally pronounced special assessment and the written judgment, and thus no modification of the sentence is warranted. Finally, the court held that the district court did not err by denying a downward variance for time served in state custody and imposing a sentence within the advisory guidelines range.