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Attorney Case Results

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Felony Complaint Successfully Plea-Bargained (2013)

United States v. (Name Confidential)

United States District Court, Southern District of California

Defendant was charged with 18 USC Section 2252(a)(2), receipt of more than seventeen thousand (17,000) child porn images, and more than three hundred (300) videos of prepubescent boys engaged in sex with other minors, and adult males! The statute prescribes 20 years maximum imprisonment. Indictment waived. Plea-Agreement pursuant to Federal Rule of Criminal Procedure 11(c)(1)(B). The Government agreed to an Adjusted Offense Level of 33 under the Sentencing Guidelines, exposing our Criminal Category I Defendant to 97 to 121 months imprisonment. Defense counsel requested further downward departures by written motion, with the express understanding the Government would oppose them. The Government filed its opposition. Both sides filed Sentencing Memorandums, and Sentencing Summary Charts. At the contested sentencing that lasted approximately an hour and forty-five minutes, the Government sought a sentence of 97 months. Probation, whose Pre-Plea Report was challenged by the defense with twenty-one (21) written objections, also recommended 97 months. Following motions and argument by both the Government and the defense, the Court granted defense counsel's request for downward departure, and sentenced Defendant to 63 months. Victim restitution is always an issue in this type of case.

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