01-1673 U.S. v. Shutic

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“We need not spend much time discussing Shutic’s argument because we recently addressed precisely the issue he raises. United States v. Sherman, No. 00-2961, 2001 WL 1205378 (7th Cir. Oct. 11, 2001). In Sherman we considered the same arguments as Shutic raises and held that ‘because the children depicted in the pornography suffer a direct and primary emotional harm when another person possesses receives or distributes the material … these counts should not be grouped under sec.

3D1.2.’ Sherman, 2001 WL 1205378, *8. In so holding, we recognized that the victim in child pornography is the child in the image, who suffers a direct harm through the invasion of his or her privacy. Id.

“We agree with the holding in Sherman that the primary victims in child pornography are the children depicted. In Sherman, we considered and rejected the contrary reasoning of Toler. Sherman, 2001 WL 1205378. In so doing, we noted that the ‘possession, receipt and shipping of child pornography directly victimizes the children portrayed by violating their right to privacy.’

“Overturning circuit precedent requires compelling reasons. United States v. Walton, 255 F.3d 437, 443 (7th Cir. 2001). Shutic has failed to provide any.”

Affirmed.

Appeal from the United States District Court for the Northern District of Illinois, Zagel, J.