United States v. Autery

During a sting operation, federal agents found approximately 150 images of child pornography on Jim Autery’s (defendant) computer. The federal government charged Autery with possession of child pornography. Autery pleaded guilty. At the sentencing hearing, the district court calculated that the federal sentencing guidelines range for Autery’s offense was 41 to 51 months in prison followed by one to five years of supervised release. However, the court deviated from the guidelines and only sentenced Autery to five years of supervised release, subject to strict special conditions barring Autery from being near children, using a computer outside of work, viewing any pornography, or leaving the State of Oregon. Autery was also required to register as a sex offender and undergo psychiatric treatment. In the sentencing decision, the court stated that it was deviating from the guidelines because Autery (1) did not fit the profile of a pedophile; (2) had no criminal history; (3) was interpersonally stable; (4) did not have sociopathic tendencies; (5) retained the support of his wife and children; and (6) would benefit more from outpatient psychiatric treatment than incarceration. The government appealed, arguing that the sentence was substantively unreasonable because it deviated significantly from the guidelines range, failed to reflect the seriousness of the offense, and deviated significantly from sentences imposed on similar offenders for similar conduct.