In a decision that came out yesterday, the 11th Circuit Court of Appeals (which includes Florida, Georgia and Alabama) ruled that the district court’s sentence in a particularly heinous child pornography case was reasonable.
Kyle Kirby, a former law enforcement officer, was found in possession of 28 videos and 290 images of child pornography. Upon further investigation it was discovered that many of the images were of Kirby’s stepdaughter, which were taken by hidden cameras in the bathroom (and one of her friend). He was charged with three counts of sexual exploitation of children for the purpose of producing child pornography, (a violation of 18 U.S.C. § 2251(a), (e)), and two counts of possessing with intent to view material involving minors engaged in sexually explicit conduct, (a violation of 18 U.S.C. § 2252(a)(4)(B), (b)(2)). The district court sentenced Kirby to 1440 months of imprisonment (120 years), which was tantamount to a life sentence.
Kirby argued that the United States Sentencing Commission defines a “life sentence” for statistical purposes as 470 months, “a length consistent with the average life expectancy of federal criminal offenders.” The Appellate Court disagreed and affirmed the sentence.
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