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Judges uphold child pornography sentence

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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.

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  1. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  2. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  3. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  4. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  5. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

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