Court Affirms 30-Year Sentence for Exploitation of Minor

US v. Lester: Lester was living with his brother, his brother's fiancé, and her three-year-old daughter when his brother discovered that Lester was in possession of child pornography. Among the 22,000 files of child pornography were those that showed Lester sexually molesting the daughter in her sleep. Lester admitted that those images were his, but denied producing them or having touched the daughter. He pleaded guilty to sexual exploitation of a child. His Guideline range was 324 to 360 months in prison, based partly on a two-level enhancement because Lester was "a relative of the minor victim when the offense occurred as he was her step-uncle." Lester did not object to those calculations, but argued for a downward variance (supported by the brother and his fiancé). The district court ultimately imposed a sentence of 360 months.

 

On appeal, the Fourth Circuit affirmed Lester's sentence, rejecting several challenges. First, the court concluded that the district court had sufficiently explained the sentence imposed and adequately addressed Lester's arguments (or properly refused to do so). As to a arguments related to Lester's need to treatment, education, and rehab, the court held that because the district court has no authority to order the Bureau of Prisons to do anything specific in those areas, there was nothing to address. Similarly, while the district court is required to address the arguments of the parties, it was not required to address the request of Lester's brother and his fiancé regarding his sentence. Nonetheless, the district court's conclusion that their testimony "did not compel a shorter sentence is patently obvious." In addition, because Lester made no specific argument related to the correlation of his age and chance of recidivism the district court did not need to address it. Second, the court held that there was no plain error in the application of the two-level enhancement. The court rejected Lester's argument that the enhancement only applied to actual family members, noting that the Guideline Commentary makes clear the actual relationship between the defendant the victim is what mattered, not the "legal status." Finally, the court held that Lester's sentence was not substantively unreasonable.