United States v. Nicholas Jackson, No. 22-3666 (8th Cir. 2023)
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Defendant, a native and resident of Iowa, was convicted in the United States District Court for the District of Columbia of possessing child pornography. He was sentenced to 120 months imprisonment and 240 months supervised release. In January 2022, the district court revoked supervised release after Defendant admitted to viewing pornography on computers at public libraries in Des Moines, which violated conditions of his supervised release and Iowa Sex Offender Registry requirements. The court imposed a revocation sentence of 14 months imprisonment followed by 19 years of supervised release. The district court revoked supervised release and imposed a revocation sentence of 24 months imprisonment followed by 19 years supervised release. Defendant appealed, arguing the revocation sentence is substantively unreasonable.
The Eighth Circuit affirmed. The court explained that the district court expressly acknowledged Defendant’s need for sex offender treatment and agreed to recommend that Defendant be confined in a BOP facility that has treatment programming. The court considered the relevant 18 U.S.C. Section 3553(a) sentencing factors and carefully explained its decision to give greater weight to protecting the community from a high-risk offender with a long criminal history that included hands-on sexual abuse of young children than to the possibility that the needed treatment would be less available or less effective in prison. Accordingly, the court held that the district court did not abuse its discretion.
Court Description: [Loken, Author, with Wollman and Benton, Circuit Judges] Criminal case - Sentencing. The sentence imposed upon the revocation of defendant's supervised release, an upward variance, was not substantively unreasonable, given defendant's repeated violation of his supervised release.
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