United States v. Scott Herrick
512 F. App'x 534
| 6th Cir. | 2013Background
- FBI undercover operation linked herrick to user 'Joshiex' on a peer-to-peer network showing child-pornography files traced to his IP at the Boy Scout camp.
- Herrick, a former Marine and camp director, lived at the camp; a search of the camp yielded his desktop with 'Joshiex' and child-pornography files.
- A laptop and hard drives recovered later at the camp contained additional sexual images; approximately 100,000 images were found across drives and discs.
- Herrick admitted using 'Joshiex' to download, distribute, and possess child pornography; another witness testified to statements implying prior molestation and sexual interest in young boys.
- Trial resulted in three convictions for sexual exploitation of children; total sentence 1,140 months; additional 240 months for distribution counts and 120 months for possession, all consecutive.
- Herrick challenged the verdicts as unsupported by the evidence and appealed the sentence as procedurally and substantively unreasonable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence | Herrick challenges credibility of Sanders; without Sanders, evidence may be insufficient. | Herrick contends Sanders’ testimony is unreliable and essential to prove exploitation. | Evidence, including the videos, supports convictions; Sanders credibly supported by the record. |
| Procedural reasonableness of sentence | District court failed to consider personal history and remorse adequately. | Herrick asserts improper consideration of §3553(a) factors. | District court properly weighed factors including remorse and service; sentence procedurally reasonable. |
| Substantive reasonableness and consecutive sentences | Sentence length within the combined maximum under §5G1.2(d) was appropriate given gravity. | Consecutive terms and length create an unreasonable punishment. | Length and consecutiveness within guideline framework; no Eighth Amendment violation; presumption of reasonableness stands. |
Key Cases Cited
- United States v. Caseer, 399 F.3d 828 (6th Cir. 2005) (standard for sufficiency when bench trial; review favorable to government)
- United States v. Bashaw, 982 F.2d 168 (6th Cir. 1992) (credibility not reevaluated on appeal unless exceptional)
- United States v. Caraway, 411 F.3d 679 (6th Cir. 2005) (district court credibility determinations generally binding)
- United States v. Salgado, 250 F.3d 438 (6th Cir. 2001) (standard for evaluating sufficiency of evidence)
- Gall v. United States, 552 U.S. 38 (U.S. 2007) (reasonableness review and factors for sentence upholding)
- Solem v. Helm, 463 U.S. 277 (U.S. 1983) (acknowledges proportionality considerations in penalties)