518 F.3d 494 (7th Cir. 2008), 07-2794, United States v. Shannon

Docket Nº:07-2794.
Citation:518 F.3d 494
Party Name:UNITED STATES of America, Plaintiff-Appellee, v. Ralph SHANNON, Defendant-Appellant.
Case Date:February 29, 2008
Court:United States Courts of Appeals, Court of Appeals for the Seventh Circuit
 
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Page 494

518 F.3d 494 (7th Cir. 2008)

UNITED STATES of America, Plaintiff-Appellee,

v.

Ralph SHANNON, Defendant-Appellant.

No. 07-2794.

United States Court of Appeals, Seventh Circuit.

February 29, 2008

         Argued Jan. 11, 2008.

Page 495

         Laura A. Przybylinski (argued), Office of the United States Attorney, Madison, WI, for Plaintiff-Appellee.

         Anthony C. Delyea (argued), Delyea & Cornia, Madison, WI, for Defendant-Appellant.

         Before BAUER, POSNER and EVANS, Circuit Judges.

         BAUER, Circuit Judge.

         Ralph Shannon pleaded guilty to one count of possession of child pornography, in violation of 18 U.S.C. § 2252(a)(4). The district court sentenced Shannon to 46 months' imprisonment and a life term of supervised release. On appeal, he argues that (1) the federal sentencing scheme approved in United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005) violates the Fifth and Sixth Amendments; and (2) his sentence was unreasonable. For the following reasons, we affirm.

         In 2003, federal authorities initiated a nationwide investigation into a company called Regpay, which owned and operated various members-only internet websites containing images of children engaged in sexually explicit conduct with other children and adults. The investigation revealed that Shannon was one of Regpay's paying customers, and that he had accessed several pornographic websites through Regpay. On March 24, 2005, investigators executed a search warrant at Shannon's home, seizing two desktop computers, three computer hard drives, computer media, child-sized sex toys, and a child-sized mannequin. An examination of the computers and hard drives revealed over 400 images containing child pornography.

         On April 20, 2007, Shannon pleaded guilty to one count of possession of child pornography, in violation of 18 U.S.C. § 2252(a)(4). The presentencing investigation report ("PSR"), which the district court adopted, stated that based on Shannon's criminal history category (I) and the offense level (twenty-three), the guidelines range was forty-six to fifty-seven months' imprisonment with a range of two years to life of supervised release. The PSR recommended a sentence of 57 months' imprisonment with a life term of supervised release.

         At sentencing, Shannon addressed his objections to the PSR, including the recommended life term of supervised release. The court stated...

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