United States v. DeFoggi, No. 17-1343 (8th Cir. 2018)
Annotate this CaseThe Eighth Circuit affirmed defendant's sentence on remand after he was convicted of multiple child-pornography related offenses, holding that defendant's sentence was substantively reasonable and the district court did not abuse its discretion. The court rejected defendant's Eighth Amendment claim and held that his 300 month sentence was not grossly disproportionate considering his frequent use of child pornography websites located on the Thor network. Furthermore, defendant's sentence did not violate due process because it was the same as the original sentencing amount.
Court Description: Per Curiam - Before Benton, Shepherd, and Kelly, Circuit Judges] Criminal case - Sentencing. For the court's prior opinion in the case, see United States v. DeFoggi, 839 F.3d 701 (8th Cir. 2016). Taking into account the gravity of defendant's offenses and the harm they caused the victims and society, a 300-month sentence was neither disproportional nor an Eighth Amendment violation; imposition of the same sentence on remand was not a violation of due process; sentence was not substantively unreasonable.
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