11th Cir. affirms 1440 months of imprisonment for CP offenses. Finds it reasonable.
In a decision that came out yesterday, the 11th Circuit Court of Appeals (which includes Florida, Georgia and Alabama) ruled that the district court’s sentence in a particularly heinous child pornography case was reasonable.
Kyle Kirby, a former law enforcement officer, was found in possession of 28 videos and 290 images of child pornography. Upon further investigation it was discovered that many of the images were of Kirby’s stepdaughter, which were taken by hidden cameras in the bathroom (and one of her friend). He was charged with three counts of sexual exploitation of children for the purpose of producing child pornography, (a violation of 18 U.S.C. § 2251(a), (e)), and two counts of possessing with intent to view material involving minors engaged in sexually explicit conduct, (a violation of 18 U.S.C. § 2252(a)(4)(B), (b)(2)). The district court sentenced Kirby to 1440 months of imprisonment (120 years), which was tantamount to a life sentence.
Kirby argued that the United States Sentencing Commission defines a “life sentence” for statistical purposes as 470 months, “a length consistent with the average life expectancy of federal criminal offenders.” The Appellate Court disagreed and affirmed the sentence.
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Kirbys right when he appealed the life sentence of 1440 months. The United States sentencing Commission states that life sentence is 470 months. This is another person letting there emotions to interfere with there job and the judges job is to interpret the law, not add to what the laws says.
What a demented country to be living in. Saudi Arabia and Iran would have their jaws drop at the completely asinine and absolutely stupid sentences like these that seem to only happen in the USA, “land of the free” propoganda garbage.
Sure, we don’t sentence people here to executions like some other countries still do, but a life sentence like this has the same end result.
Smart people should RUN not Walk away from this country.
Since our country is so money driven and judg, please understand what the cost to the American taxpayer is when sentencing guidelines allow someone to be sentenced “for life”, whether that amount is 470 months or1440 months, not to mention the danger such a sentence imposes on each state’s DOC to guard someone who has nothing left to lose (remember that “lifers” get maximum security, which is far more expensive than minimum or medium security costs). To answer that question one would have to examine why it’s OK to cut welfare funding, but significantly increase Florida’s “for profit” prison system funding? To answer that question one would need to know how many politicians own stock in “for profit prison systems! Things sure have changed since the USA had “correctional facilities” in the 1980’s. Nowadays America has Internment Camps… what next, send the homeless to concentration camps for extermination?
As for me, I’m going to Stand up for what’s right, even if I’m standing alone! Truth is, I’m tired of ALL the labeling, how the might do fall and good people, we are all sinners in God’s sight!
Dear Candy, just to point out…this was a federal case, not a state case. So there is a substantial cost difference. It costs about $40k per year to warehouse a federal inmate. I believe the cost in most states is less.
This whole registry is turning things upside down with this Adam Wash Act and this SORNA grant thing and this compliance and laws upon laws of people for and against. I agree with Candy and sure if thats what it takes I will stand up and speak out as I’m sure a lot will. I even agree with Joel or is America going the way of totalisrm with these sex laws. One even wonders who can speak out without upsetting the apple cart today.
Now I’m sure one of our presidents was right when he made the quote; “If the freedom of speech is taken away, than dumb and silent we may be led, like sheep to the slaughter. – George Washington. Is it the internet offender, the real abusers of victims, or some kindergarden cop that doesn’t understand true meaning in all this emotional justice saga.
The court’s right. A life sentence is a life sentence. The law does not put a “cap” on a life sentence. That was the only question put before this appellate court.
The lower, sentencing court was right, too. Sentencing guidelines called for life. Nothing in Officer Kirby’s 3553(a) factors required the judge to depart below that. And statutory ranges, similarly, effectively called for life.
If we want fewer criminals to receive life sentences— to be able to die as human beings, outside the system— that’s a debate we can reasonably have. But as this example shows, we can’t rely on the courts to make moral decisions outside of the law. That’s not their constitutional role, and it would have unintended consequences for us. Instead, the change has to be in the law— in this case, sentencing guidelines and statutory ranges. And that sort of change has to go through Congress.
So, start talking to your Congressman’s office if you want to see fewer life sentences. Just don’t this case as your example. That won’t garner much sympathy.
Well, another instance of someone NOT on the registry and DID NOT have a prior criminal record because…. he’s someone we’re supposed to trust! Funny how that happens , eh?
I may be totally off base here, but I think there’s as much or maybe even more moral outrage on the part of our society at the idea that anyone would dare to view and think of a child sexually to any degree. Does such a sentence reflect the severity of the crime or the moral outrage over the idea of sexual attraction to children?
Not surprisingly, we live in a country where anything CP related is considered worse than rape. It’s probably the presumptuous “future child molester” scenario/mindset people latch onto.
“Does such a sentence reflect the severity of the crime or the moral outrage over the idea of sexual attraction to children?”
I think you already know the answer to that one.