[DOWNLOAD] "United States v. Turchen" by Seventh Circuit U.S. Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: United States v. Turchen
- Author : Seventh Circuit U.S. Court of Appeals
- Release Date : January 11, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Arthur Turchen pleaded guilty to one count of transportation of child pornography in interstate commerce, in violation of 18 U.S.C. sec. 2252(a)(1). The indictment alleged that he sent, over the internet, three image files of photographs. At sentencing, the district court focused its attention on one of the photographs. The court increased Mr. Turchens sentence by four levels on the ground that the photograph was sadistic or masochistic. See U.S.S.G. sec. 2G2.2(b)(3). It also approved an upward departure in the criminal history category, from II to III, in order to represent more adequately his criminal history. On appeal, Mr. Turchen asserts that the district court abused its discretion in arriving at those determinations. For the reasons set forth in the following opinion, we affirm the judgment of the district court on these sentencing issues but vacate a later sentencing ruling of that court that was entered on June 30, 1999, during the pendency of this appeal. We remand the case to the district court for the limited purpose of permitting that court to enter a new order to accomplish what it intended to accomplish by that order.