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United States v. Adams


February 6, 2006


The opinion of the court was delivered by: J. Phil Gilbert U. S. District Judge


THE COURT, while not bound to apply the Sentencing Guidelines, has consulted those guidelines and taken them into account in the above-captioned cause. The Court also considered the factors set forth in Title 18 U.S.C.A. §3553(a) in imposing said sentence.

In the judgment of this Court, a sentence outside the guideline range and above the mandatory minimum, but within the statutory limits, was reasonable taking into account all sentencing factors under the Sentencing Guidelines and 18 U.S.C.A. sec.3553(a). The Court has heard comments from the government concerning the factors in aggravation, including the defendant's previous similar activities involving contacts in chat rooms with females who purported to be under the age of 18 years dating to 2004. The Court heard comments from the defendant concerning factors in mitigation, including his lack of prior criminal history, his lack of prior history of sexual deviation, low risk of recidivism, and involvement in the Church and with his family. Further the Court heard statements offered by the defendant, who could not identify an underlying cause for his behavior, although he cited a period of depression he experienced after his mother died in 2005. However, the defendant admitted that he was involved in chat room discussions of a sexual nature with both adults and minors prior to that. The Court has considered the Advisory Sentencing Guideline Computations, the mandatory minimum, the factors in aggravation and mitigation presented by the parties, and the statutory factors set forth in 18 U.S.C. § 3553(a). The Court imposes a sentence of 84 months imprisonment.

In imposing this sentence, The Court considers the sentencing objectives in Sec.18 3553(a), and notes that the nature and circumstances of the offense is very serious. The defendant initially entered chat rooms for discussion and ultimately acted upon his intent to have sexual relations with a 13 year old virgin. When considering the offender characteristics, the Court notes the defendant's public image of a good citizen is quite the opposite from his private character. The Court believes the sentence needs to deter the defendant from engaging in this behavior again. He took all the necessary steps to engage in sexual activity with a person he thought was a 13 year old virgin female when he traveled to the residence in which he thought she lived and knocked on the door bearing a gift for her and a jar of Vaseline, ostensibly to be used during his anticipated sexual encounter. The Court also believes this sentence will protect the public, including minor children, from further crimes relating to this defendant's actions. The Court further believes this defendant needs medical care and other correctional treatment to deal with this behavior and is recommending that he be designated to the Federal Correctional Institution at Butner, North Carolina.

Based upon the foregoing, the Court believes that a sentence above the guideline range and mandatory minimum satisfies the sentencing objectives as set forth by statute.


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