United States v. Kurzynowski, No. 20-3491 (7th Cir. 2021)Annotate this Case
Kurzynowski pleaded guilty to distributing child pornography. He admitted to officers that he spent years in internet chatrooms discussing sexual behavior involving minors and that his sexual interest focused on 10-13-year-old boys. His more recent online conversations explored fantasies of cooking and eating children. In 2015, the district court sentenced Kurzynowski to 96 months’ imprisonment. In 2020, Kurzynowski moved for compassionate release under the First Step Act of 2018, 18 U.S.C. 3582(c)(1)(A)(i), citing his hypertension, diabetes, and obesity.
The Seventh Circuit affirmed the denial of his motion. The fact that Kurzynowski is vaccinated precludes a finding that the COVID-19 pandemic presents extraordinary and compelling reasons for his release. The district court properly recognized that the need to protect the public, “especially the most vulnerable members, children,” was particularly significant with Kurzynowski because his crimes “were motivated by his depraved sexual appetite toward young children, a pathology for which he has not received medical, psychological, or spiritual treatment.” The district court adequately considered the 18 U.S.C. 3553(a) factors and did not err or abuse its discretion.