Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Rock

United States Court of Appeals, District of Columbia Circuit

July 18, 2017

United States of America, Appellee
v.
Brandon J. Rock, Appellant

          Argued September 22, 2016

         Appeal from the United States District Court for the District of Columbia (No. 1:11-cr-00376-1)

          Jonathan S. Jeffress, Assistant Federal Public Defender, argued the cause for appellant. With him on the brief was A.J. Kramer, Federal Public Defender.

          Karen P. Seifert, Assistant U.S. Attorney, argued the cause for appellee. With her on the brief was Elizabeth Trosman, Assistant U.S. Attorney. Lauren R. Bates, Assistant U.S. Attorney, entered an appearance.

          Before: Henderson and Millett, Circuit Judges, and Sentelle, Senior Circuit Judge.

          Opinion Senior Circuit Judge Sentelle.

         Appellant Brandon Rock was sentenced to 172 months' imprisonment and 10 years of supervised release after pleading guilty to distribution of child pornography. He appeals the length of his sentence and the conditions of his supervised release. For the reasons stated below, we affirm his sentence length but vacate two of the release conditions.

         BACKGROUND

         Prior to June 2011, appellant Brandon Rock was involved in a romantic relationship with a woman who had an 11-year-old daughter. Rock installed a hidden camera in the child's bedroom at the woman's house. Over the course of six months, Rock captured numerous video segments of the child in her bedroom, some of which showed the child completely naked from the front and back. From these videos Rock made still pornographic images. Subsequently, Rock entered an internet chat room where, unbeknownst to him, he began communicating with undercover Metropolitan Police Department Detective Timothy Palchak. Palchak was posing as an individual who had access to a fictional 12-year-old girl. Rock told Palchak about his camera recordings and sent several of the still images to Palchak. Rock also sent Palchak 11 image files, 6 or 7 of which showed children in sexually explicit poses. During these chats, Rock expressed interest in having sex with the fictional 12-year-old and openly solicited Detective Palchak's rape of the 12-year-old by offering to pay Palchak with more images of child pornography if Palchak would let him watch the assault. On June 17, 2011, Rock was arrested at his home. His computers were confiscated. On these computers were more than 100 videos containing child pornography.

         Rock pled guilty in district court to one count of distribution of child pornography, in violation of 18 U.S.C. § 2252(a)(2).

         The parties agreed to a sentencing range of between 144 and 180 months' imprisonment. Rock was sentenced to 172 months' imprisonment and 10 years' supervised release.

         Rock now appeals the length of his sentence and the special conditions attached to his supervised release.

         LENGTH OF SENTENCING

         First, Rock argues that his sentence was procedurally unreasonable because the district court expressly relied on the incorrect premise that child pornography offenses involve a greater rate of recidivism. According to Rock, the district court, when deciding on its 172 months' sentence, relied on a comment it made during sentencing concerning a higher rate of recidivism for child pornography offenders. Rock argues that this proposition articulated by the district court has been disproved time and again, including in a definitive study conducted by the United States Sentencing Commission. Citing United States v. Lemon, 723 F.2d 922, 933 (D.C. Cir. 1983), Rock argues that where, as here, the district court has relied on incorrect information in imposing a sentence, the appropriate course is to remand for re-sentencing. In response, the government acknowledges that at the close of the sentencing hearing, in explaining the basis for Rock's sentence, the court recognized that the type of crime here "is so hard to know about and so easy to do again and again." But, argues the government, the district court promptly qualified its remark by noting that recidivism is very hard to predict in this kind of crime. The government ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.