United States v. Marshall, No. 12-3805 (6th Cir. 2013)
Annotate this CaseMarshall pled guilty to receiving child pornography (18 U.S.C. 2252(a) and (b)) from the time he was 15 until he was 20 years old. The district court varied downward from the guideline range and sentenced him to five years in prison, the mandatory minimum sentence for the offense, expressing concerns about the perceived harshness of that sentence. Marshall has a rare physiological condition, Human Growth Hormone Deficiency, which he believes entitles him to the Eighth Amendment protections accorded to juveniles. Although diagnosed with an I.Q. score of 87 and a mental age of 15, Marshall attended a community college part-time for four semesters, pursuing a career as a lab technician and paying his own tuition. He worked as a machine operator for a commercial bakery. He owned a car and had a credit card. He claimed that he felt like he was viewing images of his peers and that he often felt like a 15 or 16-year-old individual because of his small frame and stature. The Sixth Circuit affirmed, stating that Marshall was an adult at the time of his crimes.
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