ComputerForensicsDigest.com

Brief Summary:

Brief Summary: Extensive child pornography uncovered during computer forensics examination of defendant's computer was introduced at a sentencing hearing. The court imposed a sentence of 240 months (double the advisory guidelines) and defendant appealed.

Facts:

In 2004, Kevin Jordan pleaded guilty to one count of traveling in interstate commerce for the purpose of engaging in a sexual act with a person under the age of 18, and one count of traveling in interstate commerce with intent to kill, injure, harass, or intimidate another person. The charges stemmed from two relationships that Jordan formed using the Internet, one with a 15-year-old girl in Wisconsin and one with a 14-year-old girl in Iowa.

At the sentencing hearing, the government introduced various materials recovered from Jordan's computer, including photos he had taken of the girl from Wisconsin, a large number of other child pornography images, and copies of chat room transcripts and e-mail messages which indicated that Jordan had contact with at least 14 other adolescent girls over the Internet.

The advisory sentencing guidelines called for the imposition of a sentence of 110-137 months. The trial court imposed a sentence of 240 months, and Jordan appealed.

Issue(s):

Whether the sentence imposed by the trial court was reasonable under the circumstances.

Ruling:

The Court of Appeals concluded that the trial court's decision to impose a sentence significantly above the advisory sentencing guidelines was reasonable.

Rationale:

Sentences that vary from the advisory guidelines are reasonable as long as the trial court offers justification for the departure that is consistent with the sentencing factors contained in 18 U.S.C. § 3553(a). In this case, the Appeals Court concluded that the trial court offered ample justification: Jordan's offenses were extremely serious and were aggravated by a number of different factors (the effective kidnapping of his first under-age victim, his use of her in the creation of child pornography, and persistent threats of violence to her and her family). In addition, Jordan had a history of sexual assault on minors and demonstrated a strong likelihood of recidivism. Finally, the trial court reasonably concluded that Jordan's conduct required a strong sentenced in order to better promote deterrence.