United States v. Jack Grubb, III
Opinion
Jack E. Grubb, III, pled guilty to receipt of child pornography and attempted distribution of child pornography over the internet, in violation of
In November 2013, a Federal Bureau of Investigation officer downloaded child pornography from an IP address later determined to be associated with Grubb. After obtaining a search warrant, officers searched Grubb’s house and recovered various electronic media. On the same day, Grubb admitted that he had used Ares software to search, view, and download child pornography. Grubb also told officers that he molested his younger brother and sister when he was a teenager and that he had been accused of sexual misconduct with a minor child in 2012 but the case was dismissed. A subsequent search of the electronic media recovered from Grubb’s house revealed multiple images and four videos depicting child pornography.
The initial Presentence Investigation Report (“PSR”) calculated a base offense level of 22. Pursuant to United States Sentencing Guidelines (“U.S.S.G”) § 2G2.2, the PSR recommended a number of enhancements and concluded Grubb’s total offense level was 41 and his criminal history category was I, However, because the statutory maximum penalty is 20 years under
Grubb objected to four of the sentence enhancements and argued that his total offense level should be 25. Based on this lower offense level, Grubb’s criminal history category of I, and the statutory minimum sentence of five years, Grubb argued that his advisory Guidelines range was 60-71 months. The district court overruled Grubb’s objections and sentenced Grubb to concurrent sentences of 220 months for Counts One and Two and 120 months for Count Three.
On appeal, Grubb does not renew his challenges to the application of the sentence enhancements. Rather, he argues his sentence is substantively unreasonable because the district court failed to adequately consider mitigating factors. We review the substantive unreasonableness of a sentence for abuse of discretion. United States v. Feemster,
Here, the bottom of Grubb’s advisory sentencing range is above the 240-month statutory maximum so “the statutory maximum sentence is presumed reasonable.” United States v. Lazarski,
The sentence imposed was not unreasonable and the judgment of the district court is affirmed.
. The Honorable Greg Kays, Chief Judge, United States District Court for the Western District of Missouri.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff-Appellee, v. Jack E. GRUBB, III, Defendant-Appellant
- Status
- Unpublished