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Wis. man accused in child porn case pleads guilty
KENOSHA, Wis. (AP) — A Kenosha man who allegedly transformed his apartment into a pornographic shrine to young girls is avoiding a trial. Kevin Derks pleaded guilty to 10 counts of possession of child pornography in Kenosha County. He was charged with 20 counts in November 2009, but 10 counts were dismissed Friday. His trial […]
09-3976 U.S. v. Brown
Sentencing Child pornography Where the district court imposed a below-guideline sentence, the sentence was reasonable. “Here, the district court went beyond what we deemed sufficient in Pape. Not only did the district court explicitly recognize its discretion to deviate from the guidelines based on comparisons between Brown’s crime and other serious crimes, it actually made […]
Court rules woman failed to prevent abuse of daughter
WAUSAU, Wis. (AP) — A central Wisconsin woman could go to prison for more than 12 years for failing to protect her 9-year-old daughter from being sexually abused. The 32-year-old woman pleaded guilty Wednesday to a felony charge of failing to prevent the sexual assault of a child. The mother says she knew her daughter […]
Superintendent arrested in child sex sting faces more charges (UPDATE)
MILWAUKEE (AP) — A superintendent of the New Holstein School District accused of trying to meet a 15-year-old boy for sex faces more charges. According to a criminal complaint, 58-year-old Christopher Nelson was arrested Jan. 19 in a child sex sting after arranging for a rendezvous with a 15-year-old boy who was actually a Milwaukee […]
08-3195 U.S. v. Fletcher
Child Pornography Scienter; constitutionality The lack of a scienter element does not render the criminalization of production of child pornography, 18 U.S.C. 2251(a), unconstitutional. “Given the competing social factors on both sides, we believe that § 2251 withstands constitutional scrutiny without a mistake-of-age defense. Particularly when judged in relation to the legitimate sweep of the [...]
Prosecution serves as warning
When Anoka, Minn. criminal defense attorney Rory Durkin got a call from a South Dakota attorney who was being indicted for possession and distribution of child pornography, he jumped at the opportunity to represent a fellow bar member.
09-3103 U.S. v. Maulding
Child Pornography Sentencing; reasonableness Sentences based on the child pornography guidelines are not necessarily unreasonably high. “We have previously considered and rejected the argument that sentences at the statutory maximum in child-pornography cases are more often unreasonable. In United States v. Beier, 490 F.3d 572, 573 (7th Cir. 2007), the defendant was sentenced at the [&hellip[...]
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