United States v. Oberg, No. 17-1546 (7th Cir. 2017)Annotate this Case
Oberg's daughter, A., told her mother that Oberg took pictures of her “private area.” A police search of his home revealed that Oberg had 337 photos and three videos of A. exposing her genitals. Oberg pleaded guilty to sexually exploiting a minor, 18 U.S.C. 2251(a), and possessing child pornography, 18 U.S.C. 2252(a)(4)(B), with sentencing ranges of 15–30 years and 5–20 years, 18 U.S.C. 2251(e), 2252(b)(1). A probation officer increased Oberg’s base by four levels because the victim was five years old, U.S.S.G. 2G2.1(b)(1)(A), two levels because the offense involved a sexual act, 2G2.1(b)(2)(A), four levels because the portrayal of a finger penetrating A.’s vagina was sadistic conduct, 2G2.1(b)(4), two levels because Oberg was her father, 2G2.1(b)(5), and five levels because Oberg took pictures on at least 24 occasions, which amounted to a “pattern of activity,” 4B1.5(b). The probation officer reduced Oberg’s offense level by two levels for acceptance of responsibility, 3E1.1(a). Oberg did not object to these calculations but objected to the Guidelines’ recommended sentence as unreasonably long. The court sentenced Oberg to 30 years in prison and a lifetime of supervised release. The Seventh Circuit affirmed. The judge adequately considered the sentencing factors, 18 U.S.C. 3553, and addressed the nature and circumstances of the offense (“extremely serious”) and the impact of Oberg’s actions on A.