United States v. David Craig
2012 U.S. App. LEXIS 25731
| 7th Cir. | 2012Background
- Defendant pleaded guilty to four counts of producing child pornography under 18 U.S.C. § 2251(a).
- He committed offenses by photographing his sexual assaults on a girl who was a friend of his daughters and who sometimes slept over at his home.
- He obtained additional images by threatening to kill her unless she sent sexually explicit photographs.
- Abuses began when she was 11 and continued until she was 14.
- Total offense level was 43, which would yield life sentences per count under the guidelines, but each count capped at 30 years by statute.
- District court sentenced 30 years on one count and 20 years on the other three, with the 20-year sentences running consecutively to the 30-year term, for a total of 50 years.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether consecutive sentencing to achieve a 50-year total was proper under the guidelines | United States argued guidelines permitted consecutive sentences to reach the range. | Defendant contends the lengthy total is excessive and perhaps outside reasonable range. | Yes; the district court properly imposed consecutive terms to hit the guidelines range. |
| Whether the 50-year total is permissible given statutory maximums per count | Consecutive sentencing yields a total within the overall permissible guideline range. | Total may exceed reasonable expectations and statutory limits per count constrain punishment. | Consecutive sentencing to reach the guidelines range was authorized, despite exceeding any single count's statutory cap. |
| Whether the Anders motion to withdraw should be granted and appeal dismissed | Appeal is from a guidelines sentence; there are no meritorious grounds to challenge. | There may be grounds for appellate challenge, but counsel moved to withdraw as frivolous. | Anders motion granted and the appeal dismissed. |
| Whether the concurrence appropriately questions the wisdom of de facto life sentences | N/A (concurring views not framed as issues here). | N/A | N/A |
Key Cases Cited
- United States v. Bussell, 662 F.3d 831 (7th Cir. 2011) (supports consecutive sentencing to reach guidelines range.)
- United States v. Thompson, 523 F.3d 806 (7th Cir. 2008) (consecutive sentencing within guidelines framework.)
- United States v. Sarras, 575 F.3d 1191 (11th Cir. 2009) (consecutive sentencing when necessary to reach guidelines range.)
- United States v. Betcher, 534 F.3d 820 (8th Cir. 2008) (guidelines guidance on consecutive terms.)