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. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  2. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

  3. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

  4. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  5. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

ADVERTISEMENT