United States v. Wade

Presiding over Wade’s 2008 sentencing for possessing child pornography, Judge Gilbert imposed a sentence of just 36 months, although the guidelines recommendation was 120 months’ imprisonment. Judge Gilbert also granted Wade an early termination of supervised release. FBI agents subsequently seized Wade’s computer when executing a search warrant and discovered over 2000 images of child pornography. Wade pled guilty under 18 U.S.C. 2252A(a)(5)(B). Under U.S.S.G. 2G2.2(b), his base offense was increased 13 levels due to the number and the especially odious content of the images. Wade’s total offense level of 28 and criminal history category of II would have prescribed a recommended sentence of 87-108 months’ imprisonment, but because Wade committed a repeat offense, his recommendation became the statutory minimum term: 120 months. Wade argued that the mandatory minimum term was appropriate because his addiction to pornography and his stress caused his recidivism, the guidelines accounted for the reasons the government gave for varying upwards, and he had support from family. Judge Gilbert imposed a sentence of 132 months’ imprisonment followed by 10 years’ supervised release, noting his previous leniency and expressing concern that Wade would offend again. The judge observed that “not a single 3553(a) factor” favored Wade. The Seventh Circuit affirmed. The judge responded to Wade’s mitigation arguments and adequately justified Wade’s sentence, View "United States v. Wade" on Justia Law