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Thursday, July 14, 2011

Ind. Decisions - 7th Circuit decides Illinois case re child pornography sentence [Updated]

In USA v. Dennis Garthus, a 13-page opinion in an appeal from the ND Illinois, Judge Posner's opinion concludes:

The gravity of the defendant’s offense should not be denigrated. This case is like United States v. Goldberg, 491 F.3d 668, 669, 672 (7th Cir. 2007), where “young children were raped in order to enable the production of the pornography that the defendant both downloaded and uploaded—both consumed himself and disseminated to others. * * * The greater the customer demand for child pornography, the more that will be produced . . . . The logic of deterrence suggests that the lighter the punishment for downloading and uploading child pornography, the greater the customer demand for it and so the more will be produced.” Defense counsel could not have picked a less auspicious vehicle for mounting a broad assault on the guideline provisions relating to child pornography.
[Updated at 4:14 pm] Sentencing Law Blog now has a post on the opinion. It begins:
Judge Posner provides today's must-read circuit opinion in US v. Garthus, No. 10-3097 (7th Cir. July 14, 2011. Judge Posner's opinion for the Seventh Circuit in Garthus packs in so much of interest in a tight 13 pages, I have a hard time deciding which part to excerpt.

Posted by Marcia Oddi on July 14, 2011 02:27 PM
Posted to Ind. (7th Cir.) Decisions