United States v. DeFoggi, No. 17-1343 (8th Cir. 2018)Annotate this Case
The 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.