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Sentencing — child pornography

By: WISCONSIN LAW JOURNAL STAFF//July 30, 2013//

Sentencing — child pornography

By: WISCONSIN LAW JOURNAL STAFF//July 30, 2013//

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United States Court of Appeals For the Seventh Circuit

Criminal

Sentencing — child pornography

It was not error for the district court to impose a 330-month sentence for producing child pornography, consecutive to state court sentences for the abuse itself.

“Nania argues that a consecutive federal sentence serves no marginal deterrence because it effectively piles a life sentence onto another life sentence. We disagree. Nania openly acknowledges that he may outlive his state sentences. (Appellant’s Br. at 44.) Thus, a consecutive federal sentence serves an additional function: assuring that Nania remains in prison for life. As we have said before, ‘a sentence of death in prison is notably harsher than a sentence that stops even a short period before.’ United States v. Patrick, 707 F.3d 815, 820 (7th Cir. 2013). Thus, the federal sentence indeed provides marginal deterrence to criminals who might consider producing child pornography.”

Affirmed.

12-2028 U.S. v. Nania

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

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