United States v. Cramer, No. 19-1465 (8th Cir. 2020)
Annotate this CaseThe Eighth Circuit affirmed defendant's sentence imposed after he pleaded guilty to possessing child pornography. The court held that ample evidence showed that defendant knowingly distributed child pornography and the distribution enhancement was properly applied; defendant's sentence was substantively reasonable where the district court did not err in weighing the 18 U.S.C. 3553(a) factors; and the six special conditions of supervised release were reasonably related to defendant's offense, history, characteristics, and were needed to protect the public from a dangerous child sexual predator.
Court Description: [Loken, Author, with Smith, Chief Judge, and Gruender, Circuit Judge] Criminal case - Sentencing. Defendant's argument that the court based his sentence on clearly erroneous fact findings was raised for the first time on appeal, and the argument was not preserved for appellate review; in any event, the argument is without merit as considerable evidence supported the district court's finding that defendant knowingly distributed child pornography; the district court did not err in weighing the 3553(a) factors, and defendant's sentence was not substantively unreasonable; six special conditions of supervision may be ones routinely imposed in sex offender and child pornography cases, but the record established that they were reasonably related to defendant's offense and his history and characteristics and that they were needed to protect the public from a dangerous child sexual predator.
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