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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. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  2. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  3. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

  4. Well, I agree with you that the people need to wake up and see what our judges and politicians have done to our rights and freedoms. This DNA loophole in the statute of limitations is clearly unconstitutional. Why should dna evidence be treated different than video tape evidence for example. So if you commit a crime and they catch you on tape or if you confess or leave prints behind: they only have five years to bring their case. However, if dna identifies someone they can still bring a case even fifty-years later. where is the common sense and reason. Members of congress are corrupt fools. They should all be kicked out of office and replaced by people who respect the constitution.

  5. If the AG could pick and choose which state statutes he defended from Constitutional challenge, wouldn't that make him more powerful than the Guv and General Assembly? In other words, the AG should have no choice in defending laws. He should defend all of them. If its a bad law, blame the General Assembly who presumably passed it with a majority (not the government lawyer). Also, why has there been no write up on the actual legislators who passed the law defining marriage? For all the fuss Democrats have made, it would be interesting to know if some Democrats voted in favor of it (or if some Republican's voted against it). Have a nice day.

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