United States v. Jeffrey Boone, Jr.
97 F.4th 1331
11th Cir.2024Background
- Jeffrey Boone pled guilty to the production, distribution, and possession of child pornography, involving severe abuse of his four-year-old daughter, as charged in a three-count federal indictment.
- Boone sent images and video via Kik Messenger, which led to his identification and arrest by the FBI.
- The Presentence Investigation Report (PSR) applied a five-level enhancement for a pattern of prohibited sexual conduct under U.S.S.G. § 4B1.5(b) based on multiple acts across two days.
- Boone had no prior criminal record, was an active-duty military member, and had personal history of being a sexual abuse victim.
- At sentencing, Boone raised no objections to the PSR or guidelines calculation, but requested a sentence below the 840-month guideline recommendation based on mitigating factors.
- The district court imposed an 840-month sentence (consecutive terms per statutory maximums), followed by lifetime supervised release; Boone appealed, challenging enhancment application and treatment of military service at sentencing.
Issues
| Issue | Boone's Argument | Government's Argument | Held |
|---|---|---|---|
| Appropriateness of § 4B1.5(b)(1) enhancement | Enhancement was wrongly applied as multiple acts were against same victim in one timeframe | Enhancement applies if at least two separate prohibited acts occur, even with same victim | Enhancement properly applied; no error or plain error |
| Military service as sentencing factor | Military service and trauma history should mitigate sentence | Military status increased danger given Boone's position of trust and authority | Military service could be considered aggravating in this context |
| Procedural reasonableness of sentence | District court erred in guideline calculation and treating military status as aggravator | Guidelines were properly calculated and considered under § 3553(a) | No procedural error; affirmed |
| Substantive reasonableness of sentence | 840 months is unreasonable, excessive, and not survivable | Lengthy sentences are reasonable for such egregious offenses, especially involving children | Sentence within guidelines is reasonable and justified |
Key Cases Cited
- United States v. Sarras, 575 F.3d 1191 (11th Cir. 2009) (advisory guidelines sentence can equal combined statutory maximums for multiple counts)
- United States v. Fox, 926 F.3d 1275 (11th Cir. 2019) (pattern-of-activity enhancement applies with two separate occasions, even with same victim)
- United States v. Isaac, 987 F.3d 980 (11th Cir. 2021) (affirmed pattern of activity enhancement for acts on different days with same victim)
- United States v. Irey, 612 F.3d 1160 (11th Cir. 2010) (substantive reasonableness in lengthy child pornography sentences)
- United States v. Hunt, 526 F.3d 739 (11th Cir. 2008) (within-guideline sentences expected to be reasonable)