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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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?