United States v. David Diehl
2015 U.S. App. LEXIS 245
| 5th Cir. | 2015Background
- Diehl was convicted after a bench trial on ten counts of sexual exploitation of a child/production of child pornography under 18 U.S.C. § 2251(a).
- Victims were three minors (ages about 10, 8, and 3) depicted in videos Diehl produced between 1999–2000 in Texas.
- Diehl admitted elements of the offenses but contested the interstate-commerce nexus; the court viewed the videos.
- Videos were found on computers outside Texas (Arizona, Maryland, New Jersey, Indiana, Australia) and were internet-accessible since 2007.
- Diehl’s computer was shipped from Texas to Florida, and witnesses described Diehl’s use of IRC and other means to obtain/produce child-pornography material.
- Diehl received a 600-month total sentence after findings of serious, ongoing harm and discussion of § 3553(a) factors.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Statute of limitations applies to § 2251(a) charges | Diehl argues indictment was untimely under five-year limit | Diehl asserts extended § 3283 tolling applies; ineffective-assistance may address trial lapse | Indictment timely under § 3283 extended limit; no ineffective-assistance error |
| Interstate-commerce nexus for § 2251(a) satisfied | Need for interstate-nexus evidence to prove jurisdiction | Record insufficient to show movement across state lines | Sufficient evidence that videos moved in interstate commerce; nexus proven |
| Procedural reasonableness of sentencing | District court failed to consider Guidelines range and reasons for non-Guidelines sentence | Court adequately considered § 3553(a) factors; no procedural error | No procedural error; proper consideration of § 3553(a) factors |
| Substantive reasonableness of 600-month variance | Sentence too far above Guidelines given life history | Variance justified by seriousness, scope, and impact on victims | Sentence substantively reasonable given offense gravity and factors |
Key Cases Cited
- Runyan, 290 F.3d 223 (5th Cir. 2002) (Internet transmission as interstate transport for § 2251(a) nexus)
- Terrell, 700 F.3d 755 (5th Cir. 2012) (Explains nexus analysis without knowledge requirement for third hook)
- Coutentos, 651 F.3d 809 (8th Cir. 2011) (Extended limitations under § 3283; sexual abuse definition)
- Carpenter, 680 F.3d 1101 (9th Cir. 2012) (Definition of sexual abuse includes exploitation; § 3283 applies)
- Gall v. United States, 552 U.S. 38 (2007) (Standard for reviewing sentences; procedural and substantive steps)
- Schmidt, 552 F. App’x 300 (5th Cir. 2014) (Upward variance can be substantially justified by § 3553(a) factors)
- Oehne, 698 F.3d 119 (2d Cir. 2012) (Substantive reasonableness in child-pornography cases)
- Herrick, 512 F. App’x 534 (6th Cir. 2013) (Substantive reasonable sentence for production/distribution/possession)
- Bleckler, 510 F. App’x 495 (8th Cir. 2013) (Substantively reasonable sentence for production/possession)
- Huskey, 349 F. App’x 495 (11th Cir. 2009) (Substantively reasonable sentence in related child-pornography cases)