Teh One Who Knocks
02-27-2012, 11:02 PM
By Steve Eder - The Wall Street Journal
Rufus Robinson, of Pontiac, Mich., pleaded guilty in 2009 to knowingly possessing over 7,100 images of child pornography on his computer, including some that involved bondage, torture, and rape.
Sentencing guidelines called for him to spend 6.5 to 8 years in prison. But instead, he was sentenced to one day in custody, supervised release of five years, and a $100 special assessment.
On Monday, the U.S. Court of Appeals for the Sixth Circuit Court vacated that sentence, calling it unreasonably light. The appeals court, in an opinion penned by Edmund Sargus Jr., didn’t say what the appropriate sentence would be. Sargus sent the case back to Arthur Tarnow, a judge in the Eastern District of Michigan, for re-sentencing.
Tarnow, a Clinton appointee, had said at sentencing that Robinson would not benefit from incarceration, had voluntarily sought counseling, and “does not render any recidivism factors for future behavior with children,” Monday’s opinion said. Robinson’s lawyer had argued that he was neither dangerous, nor a predator, the opinion said.
The appeals court said the one-day sentence “does not reflect the seriousness” of his offense and “undermines the purpose of general deterrence” because it was “devoid of any significant period of incarceration, home confinement, or substantial fine.”
The appeals court, in its opinion, acknowledged the difficulty in “fashioning an appropriate sentence… particularly in a child pornography case.”
“The sentencing guidelines relating to child pornography have generated much controversy and are currently under review by the Sentencing Commission,” the court said.
Kimberly Stout, Robinson’s attorney, said she was disappointed by the court’s opinion but that she was encouraged because it “reflects clearly that these issues in child pornography (sentencing) are evolving issues.”
The U.S. attorney’s office did not respond to a call for comment.
Rufus Robinson, of Pontiac, Mich., pleaded guilty in 2009 to knowingly possessing over 7,100 images of child pornography on his computer, including some that involved bondage, torture, and rape.
Sentencing guidelines called for him to spend 6.5 to 8 years in prison. But instead, he was sentenced to one day in custody, supervised release of five years, and a $100 special assessment.
On Monday, the U.S. Court of Appeals for the Sixth Circuit Court vacated that sentence, calling it unreasonably light. The appeals court, in an opinion penned by Edmund Sargus Jr., didn’t say what the appropriate sentence would be. Sargus sent the case back to Arthur Tarnow, a judge in the Eastern District of Michigan, for re-sentencing.
Tarnow, a Clinton appointee, had said at sentencing that Robinson would not benefit from incarceration, had voluntarily sought counseling, and “does not render any recidivism factors for future behavior with children,” Monday’s opinion said. Robinson’s lawyer had argued that he was neither dangerous, nor a predator, the opinion said.
The appeals court said the one-day sentence “does not reflect the seriousness” of his offense and “undermines the purpose of general deterrence” because it was “devoid of any significant period of incarceration, home confinement, or substantial fine.”
The appeals court, in its opinion, acknowledged the difficulty in “fashioning an appropriate sentence… particularly in a child pornography case.”
“The sentencing guidelines relating to child pornography have generated much controversy and are currently under review by the Sentencing Commission,” the court said.
Kimberly Stout, Robinson’s attorney, said she was disappointed by the court’s opinion but that she was encouraged because it “reflects clearly that these issues in child pornography (sentencing) are evolving issues.”
The U.S. attorney’s office did not respond to a call for comment.