United States v. Niggemann

Kane County Sheriff’s investigators discovered that an IP address was using specialized peer-to-peer software to share child pornography over the internet. They gave this information to the Department of Homeland Security, which identified Niggemann as the owner of the IP address. The agents executed a search warrant at Niggemann’s West Dundee, Illinois home, seizing a laptop and a desktop computer. Both contained child pornography. Niggemann was convicted of receipt and possession of child pornography, 18 U.S.C. 2252A(a)(2)(A) and (a)(5)(B). Because he had a prior conviction for sexual abuse of a minor, Niggemann faced a mandatory minimum sentence of 15 years in prison. 18 U.S.C. 2252A(b)(1). The Sentencing Guidelines recommended a much longer term of 235-293 months. The judge imposed a sentence of 182 months, far below the guidelines range but slightly above the mandatory minimum. The Seventh Circuit affirmed, rejecting Niggemann’s argument that the government did not prove beyond a reasonable doubt that he— rather than his wife—committed the crimes. Abundant forensic and other evidence links Niggemann to the child pornography. Niggemann’s Eighth Amendment challenge to his sentence is squarely foreclosed by precedent. View "United States v. Niggemann" on Justia Law