ILNews

Judges uphold child pornography sentence

Back to TopCommentsE-mailPrintBookmark and Share

The 7th Circuit Court of Appeals found no procedural or substantive errors in a sentence following a man's guilty plea to a child pornography charge.

In United States of America v. Brad Coopman, No. 09-2134, Brad Coopman challenged his sentence of 151 months in prison and 10 years of supervised release after he pleaded guilty to receipt of child pornography. Indiana State Police learned Coopman was using his computer to share three child pornography videos and later discovered more saved on his computer. He pleaded guilty without a plea agreement.

Coopman claimed the District Court improperly placed presumptive weight on the sentencing guidelines, didn't consider non-frivolous arguments, and misapplied 18 U.S.C. Section 3553. He also argued his sentence was unreasonable.

Coopman filed two sentencing memorandums: One urged the court to give the guidelines little weight in sentencing him; the other addressed Section 3553 sentencing factors. He wanted the District Court to adopt the mandatory 60-month imprisonment as required by 18 U.S.C. Section 2252(a)(2).

There were no objections to the pre-sentence investigation report, and the District Court adopted the factual statements in it as its findings of fact. The court also heard witnesses, including a Lafayette police officer who examined Coopman's computer and testified on Coopman's pornography searches conducted on a Purdue University campus computer. Coopman presented Dr. William Hillman, an expert in sexually violent offenders, who testified it was unlikely Coopman would exhibit predatory behavior and that his addiction could be abated.

On appeal, Coopman argued the District Court improperly presumed the sentencing guidelines were reasonable, but there's more than enough evidence to show the court considered the guidelines only in their advisory capacity, wrote Judge Michael Kanne.

Coopman also claimed the District Court improperly failed to consider evidence in the mitigation of his sentence; but the court did address his argument, it just reached a different conclusion than Coopman wanted, the judge noted.

The District Court considered Hillman's testimony but had serious concerns about the doctor's specific experience, methods, and analysis because the doctor wasn't an expert in child pornography. In addition, the District Court properly considered Coopman's arguments in light of Section 3553(a).

The Circuit judges also found Coopman's argument that his sentence was inappropriate to be without merit because the District Court acted reasonably in imposing his sentence.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

ADVERTISEMENT