The sixth circuit has vacated a recent sentence in an Ohio sex crimes case concerning child pornography. In United States of America v. Inman the Court of Appeals for the sixth circuit, which includes Michigan, reviewed the sentence of a man who pleaded guilty to possession of child pornography, 18 U.S.C. 2252(a)(4)(B).
Being under investigation or charged with any sex crime is serious and may significantly affect your future and freedom. Here, where the alleged crime is child pornography, an individual may face jail time and having to place his or her name on the Michigan sex crimes registry.
In United States v. Inman, the Sixth Circuit Court of Appeals reviewed the district court's sentencing of Brandon Inman after he admitted to possession of a computer thumb drive containing images of minors engaged in sexually explicit conduct. Although both parties in this case requested Inman be given a ten-year term of supervised release, the court ordered a lifetime term of supervised release with standard and special measures, including drug testing. The court failed to provide any reasons for the term of the release or the imposition of the special measures.
On appeal, the 6th circuit reviewed whether it was plain error to impose such a sentence with no rationale. USC Sec.3553(a) requires that courts consider numerous factors in determining the length of supervised release imposed, including the history and characteristics of a defendant and the need for the sentence.
To determine whether the lower court erred in imposing the sentence, the court of appeals evaluated whether the decision was a clear and obvious error affecting Inman's substantial rights and whether the decision affected the "fairness, integrity, or public reputation of his judicial proceedings." The court noted, "the record does not demonstrate that the district court considered any of the pertinent Sec. 3553 factors" and also failed to explain many of the conditions imposed on the supervised release. As a result, the court of appeals determined that the order must be vacated.
Every step of the criminal law process requires a skilled trial lawyer at your side, protecting your interests and fighting for your future. If you are under investigation for, or have been charged with any Michigan crime, it is important to speak with a skilled Michigan trial attorney at once.
For more information contact the aggressive Michigan criminal defense lawyers at A. Scott Grabel & Associates for a free, immediate consultation.