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.
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.
Let’s see..he took clandestine (secret) photographs of his own stepdaughter. Definitely worthy of condemnation and punishment. He also captured images of one of his daughter’s little friends; also worthy of condemnation and punishment. He did not get them to perform sex acts; he took their pictures when they went to potty or when his little girl would take a bath. Inexcusable and wrong on every level, but 120 years? People who actually molest a child often don’t get THAT MUCH time.
As I was reading all comments on this post (FAC) today concerning the 11th Cir. Court of Appeals confirmation of 1440 months for CP possession, all comments except one, appears to be an out-rage over the 120 years prison sentence- which shows you all do feel compassion for this man despite his former occupation.
However, I am of the opinion, his harsh judgement rendered, came about because of his former law enforcement status and giving the department a black eye. Of course the Court would deny this aligation, but nonetheless, I believe it was one of the unspoken reasons for the harsh sentence. My roommate, when I was in federal prison was a former New Orleans police Detective- convicted for CP, sentenced to about 8 years- in charge of the Sexual Abuse and SOR department. Though he never recieved such harsh sentence, he must register and be marked as a sexual predator for life. The rest of his life, and all those who must register for a time or for life, will have to live as the lowest citizens of the outcasts, hated, being the bad man, being the sad man and live in fear of being targeted from every would be self-righteous person.
I just turned 59 afew days ago and never did it occur to me in all these years our Congress (politicians), Supreme Court (98 % federal judges) and the 50 States (state politicians and state lawyers) would willfully and deliberately engage in convoluting, distorting and undermining the U.S. Constitution to vilify, condemn and consign certian ex-felons to a fate themselves would not like.
But, here we are dealing with this very topic!! I guess, what I find so appalling and hurtful is: the creators and the supporters of the SORNA profess to be Christians, Protestants or Catholics, but then condemn certian americans to a fate they themselves would not like. It appears they have forgotten the Lord Jesus Christ words: do unto others, as you would want them to do unto you. Forgive, that you may be forgiven.
Unconscionable. This man never laid a hand on any child, but receives a death sentence while men who have sex with children plead down to child abuse and get six months in county jail. I know this is true because I served time with one. How the fu¢k is looking at children worse than fu¢king them??? How the fu¢k can you call this justice? Is there no fu¢king common sense in the 11th circuit? Mass shooters get less time than this!
Well Mr.Ex cop welcome to the system you help create and enforce. A lot differ when you on the other side of the fence Huh?
This is OUTRAGEOUS!! Where did these 11th Circuit Appellant judges COME from? Which administration appointed them? THIS 11th Circuit decision has GOT to find cert with SCOTUS. There are already two convicted sex offenders (admittedly, only in the court of public opinion) currently sitting as Justices of the Supreme Court. But surely their own life experiences with such charges would prompt them to overturn the 11th circuit in this particular case. I would HOPE!
This does not address a registry-related issue. It is not even about sex-offense sentencing, really.
It is really just a case addressing, what constitutes a life sentence. It’s a response to a petitioner’s novel assertion that there’s a cap on such a sentence. Petitioner just happens to have been sex offender.
I suppose the facts of the case are a reminder of the sort of revulsion by which the public seeks to punish those accused of lesser sex crimes than this. But the petitioner himself does not seem to dispute that what he did calls for anything less than a life sentence under the law (except in a very novel sort of way).
I don’t know whether this petitioner is, or will ever be, required to register. He has bigger fish to fry.
This is no thing new.The same “logic”that leads courts to say that much of the stuff done to us is not punishment is the same kind that allows court to sentence a man in his 70’s like Bernie Madoff to 160 years in prison and still not cal it a life sentence. Hell, one court sentenced another embezzler to like 450 years. Stealing rich’s people money, or in the case of Madoff, stealing their “gambling winnings” is not a life felony……….right? Jut like most sex offenses are not life felonies. Madoff’s victims got back almost all of their principal money. What they lost were their “fake profits”. Of course facts and logic don’t matter because justice must served. Sound familiar? Of course, the difference between Madoff’s life sentence compared to ours is at least gets free roman board and a menial job. Sure he may not be free, but how many of us feel free?