Josh Duggar charged with Receipt/Possession Child Sexual Abuse Material, 29 April 2021 *guilty* #3

[mom2chloe]

He was not previously charged or convicted of any crimes. But the judge clearly took his previous actions into consideration when deciding the sentence. MOO

Thanks and now I remember his parents never pressed charges. He admitted to SA of his sisters and therefore I believe he is one of many who should be locked away for life. His own children will never be safe. IMO

 

[Scrapper18]

Why not the full 20 years particularly for this type of crime if you know? Thanks in advance. It seems to me that given his history his behavior warrants the maximum. I feel this way about all these types of perps but especially the ones with previous documented crimes.

Back in the thread, I believe it was soon after the guilty verdict, we had a discussion about sentencing. There were links to the federal sentencing guidelines. From what I remember, the federal system appears to be very black and white, almost a point based system to determine the sentence. As we attempted to calculate JD’s sentence, we all thought 7-10 years. I’m glad we were wrong.

 

[gitana1]

If he had taken the plea deal, he would have had less time. The deal was 10 years offered. His father would have saved a boatload of cash. And not dragged this entire mess out in public for months.

Oh my gosh. Serious? But he probably was certain he would be acquitted

 

[kaen]

Well, that is a good sentence in my book. I like the release conditions as well. I am not in the least bit surprised that he takes no responsibility for his actions. And, the fact that he and his people keep trying to maintain that this is so markedly different from him doing these actions to these kids is grotesque to me. There is a market for this material because of animals like him. As one of his victims and their family put forth, each time this material resurfaces the victims are re-victimized. I want to say how dare he but I know that he is so vilely into his own experience that he doesn't care about who he has hurt or how much he has hurt them. Maybe he will surprise us all and get treatment to address his issues. But, if his family continues to stand behind him, make excuses for him, and maintains that he is a good man, then, I see a predator getting out in 10 years-- a predator who will be none the better for his time behind bars. His children, nieces and nephews and their children will be forever at risk because the rules won't apply to him once again.

 

[ReadySet]

IMO some of his family and supporters believe that he has been targeted by the government? liberals? the devil? because he is a godly man with convservative values. They see this as unfair and just an example of an attack on people of faith.
That's what I've gathered anyway.

 

[mom2chloe]

Well, that is a good sentence in my book. I like the release conditions as well. I am not in the least bit surprised that he takes no responsibility for his actions. And, the fact that he and his people keep trying to maintain that this is so markedly different from him doing these actions to these kids is grotesque to me. There is a market for this material because of animals like him. As one of his victims and their family put forth, each time this material resurfaces the victims are re-victimized. I want to say how dare he but I know that he is so vilely into his own experience that he doesn't care about who he has hurt or how much he has hurt them. Maybe he will surprise us all and get treatment to address his issues. But, if his family continues to stand behind him, make excuses for him, and maintains that he is a good man, then, I see a predator getting out in 10 years-- a predator who will be none the better for his time behind bars. His children, nieces and nephews and their children will be forever at risk because the rules won't apply to him once again.

I completely agree with your post except the part where he might get help help to address his issues.There is no help for people who commit these crimes hence why I believe we should lock him up and throw away the key. Even with chemical castration they will abuse children with foreign objects. There is no way they can be rehabilitated and Josh’s creepy mug shot where he is smirking confirms this at least to me. They are like drug addicts who aren’t willing to do the work to break that addiction but their drug of choice is harming children. May they rot!

 

[mom2chloe]

IMO some of his family and supporters believe that he has been targeted by the government? liberals? the devil? because he is a godly man with convservative values. They see this as unfair and just an example of an attack on people of faith.
That's what I've gathered anyway.

And God forgives him and them in their minds. Keep the women at home, mostly uneducated and dressing like nuns. It’s all about control yet they couldn’t manage to control his disgusting and harmful urges despite vast prayer. He has visitation with his own kids as long as his wife is present. Do you think she will protect them? I don’t. They excuse these disgusting behaviors at the risk of their own children’s safety and well being. IMO

 

[kaen]

I completely agree with your post except the part where he might get help help to address his issues.There is no help for people who commit these crimes hence why I believe we should lock him up and throw away the key. Even with chemical castration they will abuse children with foreign objects. There is no way they can be rehabilitated and Josh’s creepy mug shot where he is smirking confirms this at least to me. They are like drug addicts who aren’t willing to do the work to break that addiction but their drug of choice is harming children. May they rot!

Don't get me wrong... he can get treatment but I (also) believe that he will never be safe to have around children. If the laws were such that he would never get out, I would be all for it a 1,000,000 percent. But, the law is not that yet.

 

[gitana1]

Why not the full 20 years particularly for this type of crime if you know? Thanks in advance. It seems to me that given his history his behavior warrants the maximum. I feel this way about all these types of perps but especially the ones with previous documented crimes.

The guidelines. Without prior convictions it’s not that high.

 

[Cool Cats]

It’s a federal case and it seems that the sentencing guidelines are fairly strict. I’ve heard that similar cases tend to get around 7-10 years, so this seems decent. Clout did not play a part. He would have gotten five years if that was the case. 20 years did not ever really seem to be on the table.

I think 85% of his sentence works out to 10 years. I don't necessarily think he won't be able to live with his minor children.
He will be on probation but he will have done his time. Seems he won't be able to be near schools or work with kids. Kinda complicated, would have to research it more.

 

[BeckyF]

A closer look at Josh Duggar’s sentencing

Josh Duggar’s sentencing hearing in the Western District of Arkansas Federal Courthouse in Fayetteville resumed at approximately 12:17 p.m. after a recess of less than an hour.

www.nwahomepage.com

FAYETTEVILLE, Ark. (KNWA/KFTA) — Josh Duggar’s sentencing hearing in the Western District of Arkansas Federal Courthouse in Fayetteville resumed at approximately 12:17 p.m. after a recess of less than an hour.

Before the break, Judge Timothy L. Brooks jokingly acknowledged that it takes his court reporter about half an hour to recover after the type of morning session that transpired, during which he addressed multiple defense objections to a presentencing report submitted to the court.

He began the afternoon by addressing Duggar directly, telling him that he would “turn my focus back to you now.” With all objections handled in one way or another, the judge addressed the “two-step framework” in federal sentencing.

First, a sentencing guideline range is calculated by the court, incorporating the prosecution’s requests for enhancements and the defense’s motions for downward variance. The judge noted that the final calculated guideline the court arrives at is “one among many factors” at sentencing. He added that the guidelines are also advisory, not binding.

Step two of the process requires the court to consider “several other sentencing factors,” including the specific defendant and the case itself.

Josh Duggar sentenced to more than 12 years in Federal Prison on child charges
Sentencing “should not be a one-size-fits-all approach,” Judge Brooks explained, noting that he would ultimately arrive at an “individualized, custom-tailored” sentence.

He then explained that for the guideline calculations, there are two components: the offense level, and the defendant’s criminal history. The judge also categorized this trial as a “non-hands-on case,” a term that he would repeat throughout the afternoon to differentiate it from cases involving actual physical contact with minors.

Duggar’s offense carries a “base offense level,” and the prosecution requested enhancements for “special offense characteristics” that warranted more severe sentencing. The judge went on to examine five requests for enhancements in-depth:

1. A two-level enhancement for downloading illegal material involving prepubescent minors.
2. A four-level enhancement for downloading illegal, “sadistic and masochistic” material.
3. A five-level enhancement for Duggar’s “pattern of activity.”
4. A two-level enhancement because the offense involved a computer.
5. A four-level enhancement for the total number of illegal images downloaded.

The judge noted that a downward variance for a defendant’s accepting responsibility for his offenses does not apply in this case, because Duggar’s defense has maintained his innocence.

The second part of the process simply applies a level for the defendant’s prior criminal history. In this case, Duggar qualifies as a category one, receiving zero additional points, because he has no prior criminal convictions.

Adding all of the enhancements to the level of the convicted offense resulted in the level of the crime rising from 22 to 39. The 39 score intersects with the level 1 score for having no priors on a grid that the judge consulted, resulting in a guideline range of 262-327 months. By statute, the maximum allowable in this instance for Duggar’s one charge is 240 months, or 20 years.

The judge also outlined a range of potential fines, as well as some mandatory fees and assessments, and added that Duggar’s term of supervised release after he serves his sentence could range from five years to life.

The judge was meticulous and thorough in explaining all of his responsibilities, making note of his “obligation to look at the totality of facts and circumstances” of Duggar’s offense. He added that this includes incorporating Duggar’s personal history while also being sure to avoid “any unwarranted differences in sentencing” compared to similar defendants.

He then stated his need to do something that the defense has requested multiple times in their pre-sentencing filings: arrive at a sentence that is “sufficient but not greater than necessary” in order to achieve the “purposes and goals” of sentencing.

He continued by noting that the sentence should be “a reflection of several things,” including that it “promotes respect for the law” and “fits the crime.” He added that it should also impart a “deterrent effect,” both specifically to Duggar as well as to the public in general. A need to protect the public was another factor.

The judge also spoke to Duggar and voiced “concerns you might re-offend in the future.”

More at link.

 

[tayaway]

No priors thanks to Jim Bob, the sect, and Arkansas LE.

 

[Tabulator]

A closer look at Josh Duggar’s sentencing

Josh Duggar’s sentencing hearing in the Western District of Arkansas Federal Courthouse in Fayetteville resumed at approximately 12:17 p.m. after a recess of less than an hour.

www.nwahomepage.com

FAYETTEVILLE, Ark. (KNWA/KFTA) — Josh Duggar’s sentencing hearing in the Western District of Arkansas Federal Courthouse in Fayetteville resumed at approximately 12:17 p.m. after a recess of less than an hour.

Before the break, Judge Timothy L. Brooks jokingly acknowledged that it takes his court reporter about half an hour to recover after the type of morning session that transpired, during which he addressed multiple defense objections to a presentencing report submitted to the court.

He began the afternoon by addressing Duggar directly, telling him that he would “turn my focus back to you now.” With all objections handled in one way or another, the judge addressed the “two-step framework” in federal sentencing.

First, a sentencing guideline range is calculated by the court, incorporating the prosecution’s requests for enhancements and the defense’s motions for downward variance. The judge noted that the final calculated guideline the court arrives at is “one among many factors” at sentencing. He added that the guidelines are also advisory, not binding.

Step two of the process requires the court to consider “several other sentencing factors,” including the specific defendant and the case itself.

Josh Duggar sentenced to more than 12 years in Federal Prison on child *advertiser censored* charges
Sentencing “should not be a one-size-fits-all approach,” Judge Brooks explained, noting that he would ultimately arrive at an “individualized, custom-tailored” sentence.

He then explained that for the guideline calculations, there are two components: the offense level, and the defendant’s criminal history. The judge also categorized this trial as a “non-hands-on case,” a term that he would repeat throughout the afternoon to differentiate it from cases involving actual physical contact with minors.

Duggar’s offense carries a “base offense level,” and the prosecution requested enhancements for “special offense characteristics” that warranted more severe sentencing. The judge went on to examine five requests for enhancements in-depth:

1. A two-level enhancement for downloading illegal material involving prepubescent minors.
2. A four-level enhancement for downloading illegal, “sadistic and masochistic” material.
3. A five-level enhancement for Duggar’s “pattern of activity.”
4. A two-level enhancement because the offense involved a computer.
5. A four-level enhancement for the total number of illegal images downloaded.

The judge noted that a downward variance for a defendant’s accepting responsibility for his offenses does not apply in this case, because Duggar’s defense has maintained his innocence.

The second part of the process simply applies a level for the defendant’s prior criminal history. In this case, Duggar qualifies as a category one, receiving zero additional points, because he has no prior criminal convictions.

Adding all of the enhancements to the level of the convicted offense resulted in the level of the crime rising from 22 to 39. The 39 score intersects with the level 1 score for having no priors on a grid that the judge consulted, resulting in a guideline range of 262-327 months. By statute, the maximum allowable in this instance for Duggar’s one charge is 240 months, or 20 years.

The judge also outlined a range of potential fines, as well as some mandatory fees and assessments, and added that Duggar’s term of supervised release after he serves his sentence could range from five years to life.

The judge was meticulous and thorough in explaining all of his responsibilities, making note of his “obligation to look at the totality of facts and circumstances” of Duggar’s offense. He added that this includes incorporating Duggar’s personal history while also being sure to avoid “any unwarranted differences in sentencing” compared to similar defendants.

He then stated his need to do something that the defense has requested multiple times in their pre-sentencing filings: arrive at a sentence that is “sufficient but not greater than necessary” in order to achieve the “purposes and goals” of sentencing.

He continued by noting that the sentence should be “a reflection of several things,” including that it “promotes respect for the law” and “fits the crime.” He added that it should also impart a “deterrent effect,” both specifically to Duggar as well as to the public in general. A need to protect the public was another factor.

The judge also spoke to Duggar and voiced “concerns you might re-offend in the future.”

More at link.

Thank you so much for posting this article! I had thought his sentence might have been influenced by his family - clearly I was wrong and I apologize for that mis-information. The judge was clear in his remarks and explanations for the sentence - I know Josh has never taken any responsibility for his crimes and I highly doubt that will change, but he would be better off using his years of incarceration as a time to get treatment and understand his failings as a person.

I am relieved his release has a lengthy probation - he should never be around children again, imo.

 

[mickey2942]

I think that the lack of remorse or acknowledgement of criminal acts is a huge factor in determination of sentence length.

 

[trujac]

I think that the lack of remorse or acknowledgement of criminal acts is a huge factor in determination of sentence length.

Before posting my comment--sorry if my position on Josh Duggar offends anyone--however, I am really sick and tired of seeing and hearing the smug self-righteous dolts that support Josh--going so far as to put forth in public and court redeeming human qualities about JD. In my opinion, all Josh's supporters should be required to view the videos and images of suffering infants and young children undergoing horrific sexual abuse at the hand's of adults that make money off of people like Josh who patronize the sources for disgusting entertainment. Frankly, our children deserve better and permanent forms of protection against vile predators and those who support them--there should be mandatory sentencing in any of these sexual exploitation crimes--especially when it involves infants and children under age 12. From nearly all studies done on adults who sexually abuse children--they can not be rehabilitated. Chemical castration for males seems to have a modicum of success, but the main success point is keeping the predator away from children--institutionalize the offenders permanently or mandate a death penalty for those who have tortured helpless infants and children repeatedly.

 

[BeckyF]

Thank you so much for posting this article! I had thought his sentence might have been influenced by his family - clearly I was wrong and I apologize for that mis-information. The judge was clear in his remarks and explanations for the sentence - I know Josh has never taken any responsibility for his crimes and I highly doubt that will change, but he would be better off using his years of incarceration as a time to get treatment and understand his failings as a person.

I am relieved his release has a lengthy probation - he should never be around children again, imo.

No apology necessary. It was very confusing. I’m glad this article was helpful.

 

[mickey2942]

Inside Josh's 12-year prison hell filled with violence, disease & overcrowding

JOSH Duggar is expected to serve 12 years behind bars in one of the most notorious prisons in the country, following a federal judge’s sentencing. The disgraced 19 Kids and Counting sta…

www.the-sun.com

 

[mom2chloe]

Inside Josh's 12-year prison hell filled with violence, disease & overcrowding

JOSH Duggar is expected to serve 12 years behind bars in one of the most notorious prisons in the country, following a federal judge’s sentencing. The disgraced 19 Kids and Counting sta…

www.the-sun.com

I assume he will be segregated?

 

[Laughing]

I assume he will be segregated?

but then he wouldn't be able to counsel the other inmates....

(take that any way you like. )

jmho ymmv lrr

 

[Scrapper18]

Here is the government link to see the potential facilities. Both are a low security facility with minimum security adjacent.

FCI Texarkana

www.bop.gov

FCI Seagoville

www.bop.gov

ETA second webpage