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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46735 Judge Sweet DEFENDANT PLEADED guilty to receiving and distributing computer files that contained child pornography, in violation of 18 USC �2252(a)(2)(B). Under his plea agreement, defendant’s adjusted offense level was set to 20 and the sentencing guidelines range to 33- to 41-months imprisonment. Defendant was sentenced to nine-months imprisonment, followed by a three-year term of supervisory release. Downward departure was based on defendant’s psychological evaluations. The court denied the government’s motion to oppose downward departure on the basis of diminished capacity, noting the psychological evaluations that showed that defendant was not a sexual predator and apparently had no interest in adult-child sex. The court found that two experts had both portrayed defendant as a man so obsessed with pornography that he spent an inordinate amount of time collecting thousands of images from the Internet.

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