United States v. Josh Duggar

[insomnia]

Josh Duggar guilty on both charges.

[FiveAcres]

I was worried when the jury asked to go home last night without deciding.

[insomnia]

I was worried too. But they only deliberated a few hours today. He was remanded and sentencing will be in four months.

[filly]

It's not unusual for a jury to come back in the morning and return a verdict. I think the public has been traumatized by bad decisions in highly publicized cases. But juries deliberate in courtrooms across America (at least again since the pandemic) every day and return verdicts. They usually get it right.

[LM K]

I can appreciate that a juror wants to sleep on their decision before giving their final "guilty" or "not guilty". Jurors have to live with their verdicts.

[filly]

[Maybenaut]

The tweet says he’ll face 20 years plus a $250K fine for each count. Ordinarily, possession is a lesser included offense of receipt, so the charges would be merged for sentencing purposes. I looked at the indictment, though, and the possession count alleges an element not alleged in the receipt count, which is that the images depict minors under the age of 12.

I haven’t been paying close enough attention, so I don’t know what, if anything, has been said in court about the maximum punishment. I guess we’ll find out in four months.

[MaryContrary]

I’m relieved he was found guilty if I’m honest.

What really are the chances he could possibly get the maximum? I know they have the pre- sentencing report and all that jazz to consider but being his first offense of any kind I just see this as wishful thinking he would receive the max. My wishful thinking none the less.

[LM K]

The tweet says he’ll face 20 years plus a $250K fine for each count. Ordinarily, possession is a lesser included offense of receipt, so the charges would be merged for sentencing purposes. I looked at the indictment, though, and the possession count alleges an element not alleged in the receipt count, which is that the images depict minors under the age of 12.

I haven’t been paying close enough attention, so I don’t know what, if anything, has been said in court about the maximum punishment. I guess we’ll find out in four months.

Duggar was found guilty on both charges he faced, receipt of child pornography and possession of child pornography.

The judge issued a stay of conviction on possession as a “lesser included offense.”

At a press conference after court adjourned, prosecutor Dustin Roberts explained that procedure.

“By function of law, you cannot be convicted of both,” he said.

[Maybenaut]

The tweet says he’ll face 20 years plus a $250K fine for each count. Ordinarily, possession is a lesser included offense of receipt, so the charges would be merged for sentencing purposes. I looked at the indictment, though, and the possession count alleges an element not alleged in the receipt count, which is that the images depict minors under the age of 12.

I haven’t been paying close enough attention, so I don’t know what, if anything, has been said in court about the maximum punishment. I guess we’ll find out in four months.

Duggar was found guilty on both charges he faced, receipt of child pornography and possession of child pornography.

The judge issued a stay of conviction on possession as a “lesser included offense.”

At a press conference after court adjourned, prosecutor Dustin Roberts explained that procedure.

“By function of law, you cannot be convicted of both,” he said.

Thanks! Last time I researched this (it was awhile back), there was a split in authority with respect to whether possession is an LIO of receipt when possession alleged the age of the children and the receipt charge didn’t. Personally, I don’t think the government should be able to game it through it’s charging decisions, so I’m glad the Court is going to treat it as an LIO.

[LM K]

I’m relieved he was found guilty if I’m honest.

What really are the chances he could possibly get the maximum? I know they have the pre- sentencing report and all that jazz to consider but being his first offense of any kind I just see this as wishful thinking he would receive the max. My wishful thinking none the less.

I read up on this. The type of CSAM found on Duggar's computer includes incidents of sexual abuse, and meets 2 out of 3 "aggravated conditions". The material found on Duggar's computer is referred to as "hurtcore".

While Duggar is a "first time" offender, the CSAM on his computer guarantees he's looking at much more than 5 years.

Any violation of federal child pornography law is a serious crime, and convicted offenders face severe statutory penalties. For example, a first time offender convicted of producing child pornography under 18 U.S.C. § 2251, face fines and a statutory minimum of 15 years to 30 years maximum in prison. A first time offender convicted of transporting child pornography in interstate or foreign commerce under 18 U.S.C. § 2252, faces fines and a statutory minimum of 5 years to 20 years maximum in prison. Convicted offenders may face harsher penalties if the offender has prior convictions or if the child pornography offense occurred in aggravated situations defined as (i) the images are violent, sadistic, or masochistic in nature, (ii) the minor was sexually abused, or (iii) the offender has prior convictions for child sexual exploitation. In these circumstances, a convicted offender may face up to life imprisonment.

[LM K]

At trial, there was testimony that Duggar sexually abused 5 girls when he was a teen.

When deciding Duggar's sentence, is the judge allowed to consider prior bad acts that didn't result in legal issues?

Also, the courts will never get $250,000 from Josh Duggar. He moved his wife and now 7 children into a "guest home" shack before he was arrested (see pics below). Their previous home was sold in 2019.

Outside:

IMG_09122021_145016_(700_x_500_pixel).png (368.06 KiB) Viewed 1561 times

Inside:

IMG_09122021_145047_(700_x_500_pixel).png (467.62 KiB) Viewed 1561 times

If Duggar's father didn't have money, Josh Duggar would have had a public attorney. I'm not slamming public defenders. They don't have the resources to present as vigorous of a defense for clients who can't pay.

Josh Duggar had an excellent lawyer. Unfortunately for his lawyer, Duggar's discussions with investigators before he obtained counsel tied his lawyer's hands.

ETA: I knew almost nothing about the Duggars before Josh's scandals. It's amazing what a woman learns on Reddit!

[LM K]

Jim Bob Duggar is running for the AR state senate. Voting is underway and election day is Tues, Dec 14.

JB Duggar was a state rep from 1999-2003.

Jim Bob and Michelle's statement about today's verdict.

This entire ordeal has been very grievous. Today, God’s grace, through the love and prayers of so many, has sustained us. Our hearts and prayers are with anyone who has ever been harmed through CSAM.

In the days ahead, we will do all we can to surround our daughter-in-law Anna and their children with love and support. As parents, we will never stop praying for Joshua, and loving him, as we do all of our children. In each of life’s circumstances, we place our trust in God. He is our source of strength and refuge. Thank you for your prayers.

[Maybenaut]

At trial, there was testimony that Duggar sexually abused 5 girls when he was a teen.

When deciding Duggar's sentence, is the judge allowed to consider prior bad acts that didn't result in legal issues?

I think he probably can. That evidence was all admitted as propensity evidence under Federal Rule of Evidence 414, which says that evidence of prior acts of molestation are admissible for any purpose to which the may be relevant.

I have argued (unsuccessfully) that prior bad acts evidence admitted under a more limited rule (admitted only for a specific purpose) shouldn’t be considered on sentencing unless it’s relevant on sentencing for the same purpose. I’ve raised this many times on appeal, and the ruling is invariable, “Yeah. Whatever. Next?”

[chancery]

Interesting. IANACrL, as you know.

I thought that federal judges have some discretion to consider uncharged behavior in sentencing …. but I guess uncharged isn’t the same thing as unsupported by the record at trial.

But I also thought that federal judges have some discretion to consider material outside the trial record in sentencing. Or is it limited to mitigation?

Edit: OK, I guess I know more than I originally thought. Mitigation, yes. But also certain aggravating factors, such as prior convictions and victim impact statements.

What else?

[Tiredretiredlawyer]

Hi, Mary!!!!!

[Maybenaut]

Interesting. IANACrL, as you know.

I thought that federal judges have some discretion to consider uncharged behavior in sentencing …. but I guess uncharged isn’t the same thing as unsupported by the record at trial.

But I also thought that federal judges have some discretion to consider material outside the trial record in sentencing. Or is it limited to mitigation?

Edit: OK, I guess I know more than I originally thought. Mitigation, yes. But also certain aggravating factors, such as prior convictions and victim impact statements.

What else?

They’re also allowed to consider the circumstances of the offense and the character of the offender, which I think includes anything admitted at trial.

[MaryContrary]

I’m relieved he was found guilty if I’m honest.

I read up on this. The type of CSAM found on Duggar's computer includes incidents of sexual abuse, and meets 2 out of 3 "aggravated conditions". The material found on Duggar's computer is referred to as "hurtcore".

While Duggar is a "first time" offender, the CSAM on his computer guarantees he's looking at much more than 5 years.

Any violation of federal child pornography law is a serious crime, and convicted offenders face severe statutory penalties. For example, a first time offender convicted of producing child pornography under 18 U.S.C. § 2251, face fines and a statutory minimum of 15 years to 30 years maximum in prison. A first time offender convicted of transporting child pornography in interstate or foreign commerce under 18 U.S.C. § 2252, faces fines and a statutory minimum of 5 years to 20 years maximum in prison. Convicted offenders may face harsher penalties if the offender has prior convictions or if the child pornography offense occurred in aggravated situations defined as (i) the images are violent, sadistic, or masochistic in nature, (ii) the minor was sexually abused, or (iii) the offender has prior convictions for child sexual exploitation. In these circumstances, a convicted offender may face up to life imprisonment.

Thanks for the info. I’m relieved also, too, that they type of CSAM is taken into consideration.

[MaryContrary]

Hi, Mary!!!!!

[LM K]

I'm glad that the judge can take into consideration Josh's admissions* of sexually abusing 5 girls.

When I read about the content of the CSAM on Duggar's computer, I became certain that he has or soon will victimize children in person.

*Testified to by a woman he confessed to.

[RVInit]

One of the FBI agents on this case said it was one of the 5 worst cases of CSAM he had ever investigated. One of the "movies" on Duggar's computer is considered the worst child sexual abuse ever. It involved an 18 month old toddler. The person who made the movie, who is now in prison in the Phillipines, was planning to make an abuse/snuff film using this same child, and he was caught before he could carry out that plan. I can't even imagine what is ever going to come of that child, what kind of a life will she be able to lead after having had the experience she endured. It wasn't just sexual abuse, it involved serious torture.

Duggar needs serious mental health care as well as a long stay in prison.

[Lani]

But wait! There's more!

Jana Duggar, Josh Duggar's sister, charged with endangering minor
https://www.nbcnews.com/news/us-news/ja ... d_nn_tw_ma

Jana Duggar, the sister of former reality television star Josh Duggar who was recently convicted in a separate criminal case, has been charged with a misdemeanor count of endangering the welfare of a child, Arkansas court records showed Friday.

Jana Duggar, 31, pleaded not guilty through an attorney on Sept. 23, the court docket shows. The alleged violation happened Sept. 9, it states. A trial by judge is scheduled for Jan. 10.


Such a charge as the one faced by Jana Duggar would generally include the allegation that a defendant engaged "in conduct creating a substantial risk of serious harm to the physical or mental welfare of a person known by the actor to be a minor," according to Arkansas law.

Jana Duggar faces up to three months behind bars and a fine of up to $1,000 if convicted, according the Arkansas Sentencing Commission’s standard punishment range for such a charge.

[sad-cafe]

why was Jana charged?

[bob]

why was Jana charged?

The complaint is sealed, so there are no details.

My WAG is she knew something (about the alleged molestations) but didn't stop them.

[Maybenaut]

why was Jana charged?

The complaint is sealed, so there are no details.

My WAG is she knew something (about the alleged molestations) but didn't stop them.

What molestations?