United States v. Wilcox
2012 U.S. App. LEXIS 1511
| 8th Cir. | 2012Background
- Wilcox pled guilty to one count of interstate transportation of a minor with intent to engage in criminal sexual activity and one count of production of child pornography, with an advisory life sentence guidance, ultimately receiving 480 months and 360 months concurrent.
- Wilcox sexually abused his 12-year-old daughter weekly for about four years, and recorded the abuse on videotapes.
- The abuse and production occurred largely during interstate trucking runs, exploiting the victim's isolation.
- Wilcox had the victim sign a series of 'contracts' outlining future sex acts, dress, submission, and payments for nude pictures, including plans for a 'sex house' and teaching his victim’s future daughters about sex.
- Under the plea agreement, Wilcox admitted to acts charged in other counts as relevant conduct; the offense level was effectively treated as level 43, yielding a life-imprisonment advisory range.
- The district court, after considering 18 U.S.C. § 3553(a) factors, varied downward from the life-imprisonment range and imposed 480 months on Count 1 and 360 months on Count 2, to be served concurrently with lifetime supervised release.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the sentence is substantively unreasonable | Wilcox argues for greater weight to remorse, rehabilitation, and low recidivism | Wilcox acknowledges the court weighed offense nature and personal factors | No abuse of discretion; sentence not substantively unreasonable |
| Whether the district court properly weighed mitigating factors against the offense severity | District court gave insufficient weight to remorse, low risk of reoffense, and minimal criminal history | Court reviewed §3553(a) factors and considered psychological report | Court's weighing within wide latitude; discretion supported by record |
Key Cases Cited
- United States v. Wisecarver, 644 F.3d 764 (8th Cir. 2011) (abuse of discretion standard for substantive reasonableness of sentence)
- United States v. Johnson, 619 F.3d 910 (8th Cir. 2010) (presumes court considered arguments if properly noted in record)
- United States v. Foy, 617 F.3d 1029 (8th Cir. 2010) (weight given to nature of offense within district court discretion)
- United States v. Anderson, 618 F.3d 873 (8th Cir. 2010) (district court's weighing of §3553(a) factors within discretion)
- Gall v. United States, 552 U.S. 38 (2007) (standard for reasonableness review of sentences)