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10-1590 U.S. v. Mantanes

By: WISCONSIN LAW JOURNAL STAFF//January 13, 2011//

10-1590 U.S. v. Mantanes

By: WISCONSIN LAW JOURNAL STAFF//January 13, 2011//

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Sentencing
Possession of child pornography

A 210-month sentence for possession of child pornography, at the bottom of the guideline range, was not substantively unreasonable, although it was a non-contact offense.

“Mantanes also argues that his sentence was substantively unreasonable. He urges us to follow the reasoning of the Second Circuit in Dorvee. But Dorvee is easily distinguishable. In remanding for resentencing in Dorvee, the Second Circuit expressed concern that the sentencing judge assumed that the defendant was likely to assault a child (although he was convicted of a non-contact offense), and that this assumption motivated the sentencing judge to place ‘unreasonable weight’ on the need to protect the public. Dorvee, 616 F.3d at 183.”

“Although Mantanes was also convicted of a non-contact offense, the judge here did not place unreasonable weight on the need to protect the public from Mantanes; it was just one of the many factors considered at sentencing. In evaluating this factor, the judge found it telling that Mantanes’ own expert concluded that he was a pedophile with ongoing fantasies. The judge also received victim impact statements from some of the then-children pictured in the pornographic images traded by Mantanes, as well as a statement from Mantanes’ estranged wife about the on-going damage his behavior has caused her family.”

Affirmed.

10-1590 U.S. v. Mantanes

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

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