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Criminal – Sentencing – Child Sexual Exploitation

A defendant who pleaded guilty to sexual exploitation of children and possession of child pornography is sentenced to 180 months in prison and supervised release for life.
Several of the charges against defendant related to his surreptitious videotaping of two minor girls who lived in the home where defendant had hookups for his recreational vehicle. The home belonged to defendant’s niece by marriage, and the girls in question, who were videotaped nude in the home’s bathroom, were her daughters..
There were no objections to the calculation of defendant’s guideline range under the advisory sentencing guidelines. He is 56 years old and served in the Navy for seven years, then worked for 26 years as a civilian employee of the Defense Department. He retired in 2006 as an information systems security manager. He has been married since 1972 and has three grown children. He has no prior criminal involvement.
The presentencing report stated that defendant’s daughter told the FBI he had molested her as a young child, unknown to the rest of the family. Defendant’s counsel advised the court during sentencing that defendant denied this conduct, although no formal objection to the PSR was filed.
It has not been shown that defendant distributed the recordings to others nor had any intent to do so, a fact distinguishing his conduct from that of many producers of child pornography. His intent was to satisfy his own obsessions, without any commercial or financial motivation.
The court has imposed on defendant a lifetime of supervised release after imprisonment, under detailed and strict conditions intended to limit defendant’s ability to reoffend and to maximize the protection to the public. Among other things, defendant must not associate with children except under strict supervision; must not possess video, photographic, or other recording devices without permission; must not possess a computer except under limited circumstances; and must participate in sex offender assessment and treatment programs.
U.S. v. Cullipher (Jones, J.) No. 2:07cr00001, June 25, 2007; USDC at Big Stone Gap, Va.; Zachary T. Lee, AUSA; Louis Dene for defendant. VLW 007-3-267, 12 pp.

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