United States v. Benhoff

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Benhoff entered into online chats with undercover agents on a file-sharing network over which he traded files containing child pornography. FBI agents obtained a warrant for Benhoff’s home and found 6,544 images and 1,683 videos of child pornography on his electronic-storage devices. Benhoff pleaded guilty to knowingly transporting child pornography, 18 U.S.C. 2252A(a). The guidelines range was 210 to 262 months, subject to a 240-month statutory maximum, 18 U.S.C. 2252A(b)(1). Benhoff argued for a five-year statutory minimum sentence, based on his “unprecedented” rehabilitation success and extensive cooperation. The district court concluded that deterrence and the serious nature of the crime warranted a below- guidelines 120-month sentence, imposed a lifetime of supervised release with special conditions that prohibited Benhoff from possessing “any pornographic, sexually oriented, or sexually stimulating materials” or having “contact with any person under the age of 18, except in the presence of a responsible adult who is aware of the nature of his background and current offense, and who has been approved by the probation officer.” The Seventh Circuit affirmed the sentence, but remanded so that the court can clarify what materials are “sexually stimulating” for Benhoff so as not to unnecessarily block his access to protected speech and explain why a no-contact ban for minors is necessary in this case. View "United States v. Benhoff" on Justia Law