United States v. Garthu, No. 10-3097 (7th Cir. 2011)
Annotate this CaseDefendant entered a plea of guilty to transporting, receiving, and possessing child pornography and was sentenced to 360 months in prison. 18 U.S.C. 2252A(a)(1), (a)(2)(A), (a)(5)(B). The guidelines sentencing range was 360 months to life; the statutory minimum sentence was 180 months; he was 44 years old when sentenced. The judge found that defendant, who had molested a child, was unlikely to avoid future offenses. The Seventh Circuit affirmed. Defendant did not effectively argue diminished capacity; evidence of his upbringing and low IQ did not explain his desire for child pornography or eliminate his ability to appreciate the wrongfulness of his acts or reduce his ability to avoid those acts.
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