US v. Colcord, No. 22-1550 (1st Cir. 2024)

United States Court of Appeals, First Circuit.

UNITED STATES of America, Appellee, v. Jason COLCORD, Defendant, Appellant.

No. 22-1550

Decided: January 08, 2024

Before Gelpí, Lynch, and Rikelman, Circuit Judges.

Andrew Levchuk on brief for appellant. Benjamin Block, Assistant United States Attorney, and Darcie N. McElwee, United States Attorney, on brief for appellee.

The case of United States v. Jason Colcord centers on Colcord’s appeal of his 145-month prison sentence for knowingly accessing and viewing over 900 images of child pornography. Colcord pled guilty and was sentenced near the lower end of the advisory guidelines range, with an additional five years of supervised release. He appealed, arguing that the district court’s refusal to impose a downward variance was substantively unreasonable.

The United States Court of Appeals for the First Circuit upheld the sentence, finding it substantively reasonable. The appellate court noted that the district court had carefully considered the factors under 18 U.S.C. § 3553(a), including the severity of the offense, the need to protect the public, Colcord’s personal history, and the requirements for punishment and deterrence. The court rejected Colcord’s argument that the district court had improperly equated his conduct with that of individuals who produced the child pornography, clarifying that the court’s comments referred to Colcord’s role as a consumer of such material.

Additionally, the court dismissed Colcord’s claim that the district court did not adequately consider his mitigating circumstances, emphasizing that the district court had discretion to prioritize the seriousness of the offense and public safety over personal mitigating factors. Finally, the appellate court addressed Colcord’s argument regarding the parties’ joint recommendation of a 120-month sentence. The court reiterated that the district court is not obligated to follow the parties’ recommendations and found no evidence that the sentence was influenced by personal disgust towards the offense, as Colcord had suggested.

In conclusion, the First Circuit affirmed the district court’s sentence of 145 months imprisonment, followed by five years of supervised release.

The court issued a subsequent related opinion or order on January 17, 2024.