US v. Fitzgerald: Fitzpatrick created and ran an online marketplace that dealt with stolen identification information, to the point that “it became the largest English-language data-breach forum ever, featuring over 14 billion individual records.” Seizure of his devices led to the discovery of child pornography. Fitzpatrick eventually pleaded guilty to two counts related to trafficking in stolen identification information and possession of child pornography. After his guilty plea, while on bond, he violated numerous conditions of release by (among other things) using a VPN to connect with the internet and proclaim his continued innocence. Bond was revoked prior to sentencing. At sentencing, the district court imposed a term of time served (17 days) based on concerns about Fitzgerald’s age (21 years old) and mental health concerns (autism spectrum disorder), concluding that “this young man in general population I think would just be a disaster.”
On appeal, the Fourth Circuit vacated the sentence and remanded. The Government argued that the 17-day sentence was substantively unreasonable and the court agreed. It concluded that the district court had focused only on Fitzgerald’s age and mental health, without appropriate consideration of other sentencing factors, including deterrence and the seriousness of his offenses. In particular, the court rejected the district court’s reliance on non-record assertions that the Bureau of Prisons could not adequately treat Fitzgerald if sentenced to a term of incarceration.
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