In a recent case the 6th Circuit Court of Appeals, which includes Michigan, the court reviewed the sentence imposed on a man convicted of possessing child pornography, receipt of visual depictions of minors engaged in sexually explicit conduct and possession of child pornography. In United States v. Dudeck, Gary Dudeck He received a concurrent 120-month prison term for each count. At issue is whether the man’s sentences for “receipt of child pornography” and “possession of child pornography” were based on receiving the same images.
An experienced Michigan criminal defense lawyer is necessary if you are under investigation for or have been charged with any type of sex crime – including any charges related to child pornography. In addition to facing potential serious circumstances such as jail time and being required to place your name on the Michigan sex crimes registry, the allegations alone may harm your reputation. Child pornography charges are ugly that may stick with you for a lifetime, unless you fight vigorously to keep a conviction of your record. Contacting a Michigan child pornography defense attorney right away is important to begin preparing your defense and protect your reputation.
Here Dudeck allegedly downloaded images of child pornography to his computer and stored the images in his directory. He also allegedly downloaded thirty-three videos depicting sexual acts between adult men and prepubescent girls, as well as intercourse between prepubescent boys.
In Michigan, police and prosecutors frequently charge people for internet sex crimes while using their own computer in their own home. Many times, innocent people are charged for inadvertently downloading child pornography and other illegal files. Police and FBI stings that entrap honest people in the act of sharing files are illegal. An aggressive internet sex crimes defense firm can fight back.
Dudeck was indicted following an FBI investigation with violating 18 U.S.C. Sec. 2252(a)(2), knowing receipt by computer of images and videos containing depictions of minor engaged in sexually explicit conduct, knowingly receiving and distributing child pornography and knowingly possessing a computer containing images of child pornography.
Dudeck signed a written plea agreement admitting to all counts of the indictment. After receiving a near maximum sentence for each count, Dudeck filed a sentence appeal based on the unreasonableness and unnecessary length of the sentence he received. If you’ve been convicted of any misdemeanor or felony charge, an experienced Michigan criminal appeals attorney can evaluate your case and determine issues that may provide an individual the opportunity to overturn a conviction or challenge a sentence.
The court looked closely at the charges of “receipt of child pornography” and “possession of child pornography” to determine whether these charges arose out of the same conduct or separate and distinct events. If Dudeck’s conviction for both charges stems from downloading the same images, then the lower court violated his Double Jeopardy rights by sentencing him to two separate offenses. As a result, Dudeck would be entitled to resentencing.
The 6th Circuit determined that more fact-finding was necessary to determine just how the lower court decided on Dudeck’s sentence and sent the case back to the district court.
Sex crimes charges – including internet sex crimes and child pornography – carry steep consequences if convicted. It is critical to have a knowledgeable Michigan sex crimes defense firm on your side, from investigation through potential conviction, sentencing and appeals in order to fight for your rights, protect your reputation and do what it takes to minimize the impact on your future. For more information, or if you or someone you love is facing an sex crime charge, contact the dedicated Michigan criminal defense law firm, Grabel & Associates for an immediate response.