United States v. Jason Starko
2013 U.S. App. LEXIS 23701
| 7th Cir. | 2013Background
- Starko pled guilty to two counts of producing child pornography under 18 U.S.C. § 2251(a) and received concurrent 360-month sentences.
- The videos depicted a five-year-old girl; Starko lived in the girl's home and was a family friend.
- Interviews with the victim and other children revealed Starko had touched their genitals in addition to filming.
- Starko was evaluated for competency; Dr. Daniel Cuneo diagnosed major depressive episode, polysubstance dependence in a controlled environment, and schizotypal personality disorder, but found him competent.
- The PSR set the guideline range at 360 months; defense argued mental illness warranted a below-guidelines sentence and mentioned civil commitment as a factor, which the district court did not adopt.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court failed to address the civil-commitment argument. | Starko argued the court should consider civil commitment to justify a lower sentence. | Government contends the court addressed mental illness and civil commitment was speculative and unsupported by evidence. | No procedural error; court adequately considered mental illness and explained it rejected civil-commitment grounds. |
Key Cases Cited
- United States v. Chapman, 694 F.3d 908 (7th Cir. 2012) (district courts must address principal, nonfrivolous arguments)
- United States v. Harris, 567 F.3d 846 (7th Cir. 2009) (rote statements insufficient; must address argu ments with substance)
- United States v. Cunningham, 429 F.3d 673 (7th Cir. 2005) (avoid silence on nonfrivolous arguments)
- Gall v. United States, 552 U.S. 38 (U.S. 2007) (defendant must receive adequate explanation of sentence)
- Pietkiewicz, 712 F.3d 1057 (7th Cir. 2013) (explanation level varies with circumstances)