Opinion
09-CR-155.
June 3, 2010
MEMORANDUM AND ORDER
The sentencing previously scheduled for August 17, 2010 is rescheduled to August 10, 2010 at 10:00 a.m.
The defendant, nineteen years old at the time of the alleged offense, is in the process of pleading guilty to distributing child pornography through a peer-to-peer program. He faces a mandatory minimum of five years. See 18 U.S.C. §§ 2252(a)(2); 2252(b)(1).
The record shows that as a teenager, the defendant had sexual contact with his younger half-sister and was sexually involved with other individuals who were two to four years his junior. See Presentence Investigation Report ¶¶ 11, 12. Evaluations conducted after his arrest indicate that the defendant met the diagnostic criteria for pedophilia but "[did] not impress as antisocial and/or predatory"; he was evaluated to be "grossly naive and immature." See Id. ¶ 70; see also Forensic Evaluation, Federal Medical Center, Feb. 24, 2010, at 5-10 (reporting results of evaluations).
In sentencing the defendant, the need for just punishment, deterrence, and rehabilitation, in light of his offense and other characteristics, must be considered with the risk of any future harm he poses to children or society. See 18 U.S.C. § 3353(a); Graham v. Florida, No. 08-7412, 78 U.S.L.W. 4387, *13 (U.S. May 17, 2010).
Critical to this assessment is the defendant's maturity level. See Graham, 78 U.S.L.W., at *13-18 (considering science on developmental deficiencies of young defendants sentenced to life in prison without parole) (citing Br. for the Amer. Med. Assoc. the Amer. Acad. of Child Adolescent Psychiatry as Amicus Curiae in Supp. of Neither Party, Graham v. Sullivan, No. 08-7412 (citing scientific studies)).
In light of these complex considerations, an evidentiary hearing in aid of sentencing will begin on July 12, 2010 at 10:00 a.m. Issues to be addressed at the hearing include:
1. The harm to children from involvement in child pornography and from the defendant's actions in particular;
2. The risk that the defendant will act out to harm others if he is or is not incarcerated;
3. The risk that the defendant will be raped or otherwise abused in prison if he is incarcerated;
4. The nature of treatment available in federal prison and defendant's suitability for such treatment; and
5. The neurological and psychiatric condition of the defendant, including his developmental maturity, at the time of the offense and presently.
Expert testimony on each of these issues will be required at the evidentiary hearing. Written submissions must be made to the court on or before July 10, 2010.
A preliminary discussion on the execution of this order will be held on June 24, 2010 at 1:00 p.m. Appointment of experts by the court will be considered. See Fed.R.Evid. R. 706.
SO ORDERED.