Sentencing Guidelines – Enhancement

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7^th Circuit Court of Appeals

Case Name: United States of America v. Sheila Geary

Case No.: 19-2299

Officials: WOOD, Chief Judge, and ROVNER and BARRETT, Circuit Judges.

Focus: Sentencing Guidelines – Enhancement

This case is the culmination of a grotesque history of sexual abuse in the Geary household. Over a number of years, David Geary—Sheila Geary’s husband—raped, sexually abused, and took pornographic photos of the Gearys’ youngest daughter when she was between the ages of 5 and 8. During a period in which the couple hoped to “spice up their marriage,” Sheila viewed the pornographic photos that David took of their daughter— identified as “MF-2”—and also found other images of child pornography to share with David. In addition, Sheila kept the illicit photos of MF-2 on a thumb drive hidden behind a mirror in their home. She kept them, she said, in case “[s]hit hit the fan and [she] needed some proof.”

Ultimately, David and Sheila were indicted as codefendants, and Sheila pleaded guilty to one count of possession of child pornography. She was sentenced to 57 months’ imprisonment and 5 years’ supervised release, and she was ordered to pay $55,600 in restitution jointly and severally with David. On appeal, she argues both that the district court incorrectly applied a Sentencing Guidelines provision that enhanced her recommended sentencing range and that the district court failed to adequately explain her restitution liability. We disagree with both arguments.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.