Douglas A. Berman, 

October 30, 2009

The US Sentencing Commission today posted here an important new report on the hottest topic in federal sentencing right now.  The new report is titled simply "The History of the Child Pornography Guidelines," and it runs over 50 pages.  The report's concluding summary provides an effective overview of what this document says and does:

This report provides a history of the child pornography guidelines, which were initially promulgated in 1987 and substantively revised nine times in the following 22 years.  The most recent guideline revision is pending before Congress and, absent congressional action, will become effective on November 1, 2009.  Congress has demonstrated its continued interest in deterring and punishing child pornography offenses, prompting the Commission to respond to multiple public laws that created new child pornography offenses, increased criminal penalties, directly (and uniquely) amended the child pornography guidelines, and required the Commission to consider offender and offense characteristics for the child pornography guidelines.

Sentencing courts have also expressed comment on the perceived severity of the child pornography guidelines through increased below-guidelines variance and downward departure rates.  Consistent with the Commission’s duties to review and revise the guidelines, and the Supreme Court’s direction, the Commission has established a review of the child pornography guidelines as a priority for the amendment cycle ending May 1, 2010. This report is the first step in the Commission’s work on this priority.

This looks like a must-read for any and everyone who has been following the craziness surrounding federal child porn sentencing over the last few years.

Some related recent federal child porn prosecution and sentencing posts:

• ABA Journal covers the controversies over federal child porn sentences

• Potent DOJ response to ABA Journal article about federal child porn sentencing

• Potent response to DOJ account of federal child porn sentencing

• Strong sentencing opinion noting disparities in federal child porn downloading cases

• Yet another notable written opinion in a federal child porn downloading case

• Is there an ivy-leaguer exception to federal child porn charges?

• More examples of sentencing uncertainty surrounding federal child porn cases

• Is there a law student sentencing discount for federal child porn charges?

• Judge Adelman operationalizes deconstructed child porn guidelines

• Another notable child porn sentencing decision

• Another notable sentencing opinion in a child porn downloading case

• Acquitting and downloading some additional USSC priorities

• Thoughtful opinion focused on bad health as the basis for a below-guideline sentence

• Effective review of federal uptick in child-porn prosecutions

• Another puzzling report on federal child porn sentence

• Notable long child porn sentence upheld by split Sixth Circuit

• Remarkable coda at end of First Circuit opinion affirming child porn sentence

October 30, 2009 | Permalink