The defendant was charged with multiple counts after sexually abusing a female relative over a period of years, beginning when she was eight years old and continuing until she turned eighteen. He produced nude photographs and videos of the victim, including recordings of sexual assaults. Following his arrest, he was indicted on eight counts. He entered a plea agreement, pleading guilty to two counts of sexual exploitation of a child in exchange for the government’s dismissal of the remaining counts and a recommendation of a 25-year sentence. The agreement also allowed the defendant to recommend a 20-year sentence.
The United States District Court for the District of North Dakota accepted the plea but ultimately sentenced the defendant to 45 years’ imprisonment, which was within the applicable Guidelines range of 30 to 60 years. At sentencing, the government advocated for a 25-year sentence, using language such as “restrict its recommendation to 25 years” and “ask the court to impose no less than 25 years.” The defendant did not object to the government’s phrasing at the time. The district court considered the relevant statutory factors, including the nature and seriousness of the offense, the need for just punishment, and the protection of the community, before imposing the sentence.
On appeal, the United States Court of Appeals for the Eighth Circuit reviewed whether the government breached the plea agreement and whether the sentence was substantively unreasonable. Applying plain error review, the court held that the government’s statements did not breach the plea agreement, as they were consistent with its obligation to recommend a 25-year sentence. The court also found that the district court did not abuse its discretion in imposing a 45-year sentence, as it properly considered all relevant factors. The Eighth Circuit affirmed the sentence. (From: https://law.justia.com/cases/federal/appellate-courts/ca8/24-1769/24-1769-2025-08-20.html?utm_source=summary-newsletters&utm_medium=email&utm_campaign=2025-08-21-u-s-court-of-appeals-for-the-eighth-circuit-af274faba3&utm_content=text-case-title-3)
