Unted States v. Dean, No. 12-1539 (7th Cir. 2013)
Annotate this CaseDean boarded an airplane in Chicago bound for Canada, carrying a laptop computer housing more than 14,000 still images and 700 videos of child pornography. He served 21 months in a Canadian prison. Later, in U.S. custody, the district court found Dean competent. Dean acknowledged that he downloaded the files and knew that the laptop contained child pornography, but maintained that he “didn’t knowingly, purposely want to break the law … I had it on my computer, and my intentions were not to let it out of my hands until I could get rid of it … I did not knowingly break the law … I didn’t know that it existed.” The district court explained that 18 U.S.C. 2252A(a)(1) did not require knowledge of illegality but only knowing transportation of child pornography across state lines or an international border. Dean responded: “Yes. And that is why I plead to that.” The district court calculated a Guidelines range of 151- to 188-months’ imprisonment, but stated that the “range is too severe.” Beginning at 108 months, the court deducted 21 months for Dean’s Canadian imprisonment and imposed an 87-month term with lifetime supervised release. The Seventh Circuit affirmed, rejecting a “state of mind” argument.
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