United States v. Price, No. 12-1880 (7th Cir. 2014)
Annotate this CasePrice took numerous sexually explicit photographs of his daughter when she was between the ages of 10 and 12. He put some on the Internet; those have been implicated in at least 160 child pornography investigations. Price also kept a large stash of child pornography depicting other children, stored on two computers. He was convicted of producing child pornography, 18 U.S.C. 2251(a) and possessing child pornography, 18 U.S.C. 2252A(a)(5)(B). Price has a history of sexually abusing children. He molested his daughter several times and sexually abused his sister regularly when she was between the ages of 8 and 14. The district judge imposed a sentence below the 40-year term recommended by the sentencing guidelines: 18 years on the production count and a concurrent 6-year term on the possession count. The Seventh Circuit affirmed, rejecting challenges to the search of one computer and a claim of instructional error. Price consented to the search, and the jury instruction that defined “sexually explicit conduct,” an element of the statutory definition of child pornography, was neither legally improper nor unconstitutionally overbroad. The trial judge expressed disagreement with the guidelines as a policy matter and adequately explained her reasons for finding the recommendation too high.
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