Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Click here for the full text of this decision FACTS:While Scott Erin Allison was on vacation, his estranged wife, Kathy, found a young girl’s underwear under his bed. Intrigued, she searched Allison’s house on two other occasions, finding a tripod, a video camera, several tapes and floppy disks. She turned these, as well as Allison’s computer hard drive, over to law enforcement. Two tapes showed a girl less than 5 years old, buttocks and genitalia exposed, filmed from a hidden camera in the laundry room. A third tape was taken from a secret camera in Allison’s bedroom closet and showed an 11-year-old girl undressing. The younger girl’s mother confirmed the date of the first tape by the special Christmas dress she was wearing. The older girl confirmed that Allison would ask her to change in his room before going swimming at a community pool. There were numerous images of child pornography on Allison’s computer, including evidence of communication with young girls over the Internet. Alison was charged with six counts of child pornography offenses. The pre-sentence report recommended a life term of supervised release and the government indicated that it would seek an upward departure. Rejecting Allison’s request to be sentenced at the lower range of the applicable guideline range, the district court sentenced him to concurrent 96-month terms for each count. The district court agreed with the government that lifetime supervised release was appropriate because the “scientific evidence is that this [is] a perpetual problem, . . . it’s a predilection not unlike alcoholism and some other things that don’t seem to respond to incentives that embezzlement and simple crimes do respond to.” Allison appeals the imposition of the life term of supervised release. HOLDING:Affirmed. Confirming that Allison’s possession of child pornography qualifies as a “sex offense” under Sentencing Guidelines �5D1.2(c), the court also notes that under 18 U.S.C. �3583(k), supervised release for various sex offenders can be extended to the maximum term, which can include a life term. Reading � 3583(k) together with the policy statement in� 5D1.2(c) indicates that Congress and the Sentencing Commission intended to impose life terms of supervised release on sex offenders. “The legislative history of �3583(k) states that the life term of supervised release was in response to the long-standing concerns of federal judges and prosecutors regarding the inadequacy of the existing supervision periods for sex offenders, particularly for the perpetrators of child sexual abuse crimes, whose criminal conduct may reflect deep-seated aberrant sexual disorders that are not likely to disappear within a few years of release from prison.” The court finds that Allison was afforded notice of the potential life term of supervised release in the pre-sentence report. The court also finds that the district court’s use of the phrase “scientific evidence” did not taint what was essentially a judgment call. It was “nothing more than a shorthand reference to a general notion.” OPINION:Higginbotham, J.; Higginbotham, Davis and Stewart, JJ.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 1 article* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.