United States v. Sebert, No. 17-2771 (8th Cir. 2018)Annotate this Case
The Eighth Circuit affirmed defendant's 240 month sentence after he pleaded guilty to receipt of child pornography. The court held that defendant's sentence was substantively reasonable where the district court carefully considered several factors when deciding to impose the statutory maximum sentence, as recommended by the Sentencing Guidelines. In this case, the district court considered that the plea deal allowed defendant to escape a longer sentence for sexually exploiting his girlfriend's thirteen year old daughter; defendant's distribution of child pornography; and defendant's lack of violent criminal history and demonstrated remorse. The court also held that the special condition of supervised release prohibiting defendant from viewing or possessing erotica or pornographic materials was not constitutionally vague or overbroad under the court's precedents.