United States v. Klug
2012 U.S. App. LEXIS 4094
| 7th Cir. | 2012Background
- Klug pleaded guilty to producing and possessing child pornography under 18 U.S.C. §§ 2251(a), 2252(a)(4)(B).
- FBI traced an Internet address to Klug and investigators found he led a youth ministry and secretly filmed boys on trips and in locker rooms.
- Authorities uncovered 59,000 images and 12,000 videos of child pornography, plus chat logs showing troubling fantasies and grooming advice.
- District court computed a life-imprisonment guideline range based on a total offense level of 43 and criminal history I, and sentenced Klug to 384 months after considering evidence from witnesses and victims.
- The court noted the substantial harm from circulating images and the pervasive nature of the materials, and weighed the statutory maximum against the facts.
- Klug appeals, arguing the 384-month term is excessively harsh; the government contends the sentence is presumptively reasonable because it falls within or below the guideline range.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is 384 months reasonable under §3553(a)? | Klug argues the term is excessive given his offenses. | Klug contends the sentence is presumptively reasonable since within/below the guidelines. | Presumption of reasonableness applies; sentence upheld. |
| Does marginal deterrence justify harsher punishment here? | Beating deterrence would deter others; different crimes justify higher punishment. | We reject marginal deterrence for child-pornography cases; punishments may align with different harms. | Marginal deterrence rejected; sentence sustained. |
| Did enduring harm to child victims support a lengthy sentence? | Circulation of images causes ongoing, permanent harm to victims. | Some images involve milder conduct; harms may be debated. | Court emphasizes enduring harm from circulation; sentence reasonable. |
| Should the court consider the particular function of possession and production separately? | Production drives the most serious harm; combined penalties justify long sentence. | Possession supports market creation; still within range given overall culpability. | Yes; district court properly weighed multiple violations within the sentencing framework. |
Key Cases Cited
- Noel, 581 F.3d 490 (7th Cir. 2009) (80-year sentence for production and possession affirmed under presumptively reasonable framework)
- Newsom, 428 F.3d 685 (7th Cir. 2005) (presumption of reasonableness upheld for lengthy, within-range sentence)
- Beier, 490 F.3d 572 (7th Cir. 2007) (rejects marginal deterrence as basis to punish different crimes differently)
- Maulding, 627 F.3d 285 (7th Cir. 2010) (marginal deterrence not utility in child-pornography cases)
- Ashcroft v. Free Speech Coalition, 535 U.S. 234 (U.S. 2002) (child pornography is a permanent record of abuse; harms extend beyond exposure)
- Ferber, 458 U.S. 747 (U.S. 1982) (pornography harms children beyond the sexual act itself)
- Webster, Osborne v. Ohio (495 U.S. 103) (porno harms persist; government latitude in regulation)
- Goff, 501 F.3d 250 (3d Cir. 2007) (courts recognize enduring harms in child-pornography offenses)
- Daniels, 541 F.3d 915 (9th Cir. 2008) (extensive circuits recognize enduring harm and harsh penalties)
- Blinkinsop, 606 F.3d 1110 (9th Cir. 2010) (emphasizes ongoing harms to child victims from circulation)