Score:   1
Docket Number:   SD-OH  3:17-cr-00062
Case Name:   USA v. Demma
  Press Releases:
DAYTON – Today the Sixth Circuit Court of Appeals filed an opinion vacating a one-day sentence that the U.S. Attorney’s Office appealed as unreasonably low in a child exploitation case.

 

Andrew Demma, 41, of Dayton, pleaded guilty in June 2017 to possessing child pornography involving pre-pubescent minors.

 

According to the Court of Appeal’s opinion, the FBI obtained and executed a search warrant in August 2015 at Demma’s residence and seized several electronic devices from the residence, finding more than 3,600 images and 230 videos of child pornography in Demma’s possession. Many of the images depicted adult men raping and otherwise sexually abusing pre-pubescent girls.

 

Demma was sentenced in October 2018 to one day in prison (under Bureau of Prison rules, the day on which Demma was processed by the Marshals following his arrest would have constituted the “one day” in prison).

 

At sentencing, psychologists testifying on behalf of the defense stated Demma’s use of child pornography stemmed from results of combat trauma during deployments with the United States military in Iraq. The Court of Appeals in its ruling specifically noted, however, “that there is no evidence in the record to support the proposition that military veterans suffering from PTSD typically become addicted to child pornography.”

 

Following sentencing, the government appealed, arguing that the effectively non-custodial sentence was unreasonably low.

 

The Sixth Circuit Court of Appeals took note of the size and nature of Demma’s child pornography collection and the fact he accessed child pornography on a daily basis by the use of complex software. The Sixth Circuit opinion also emphasized the serious and continuing harm inflicted upon victims of child pornography, and the need for sentences in this area to deter similar offenses.

 

Today’s opinion vacates Demma’s sentence, and the case has been sent back to the district court for re-sentencing.  No re-sentencing date has been set as yet.

 

Appellate Chief Mary Beth Young argued the appeal on behalf of the United States. Demma’s criminal case was investigated by the FBI and prosecuted by Assistant Deputy Criminal Chief Laura I. Clemmens and Assistant United States Attorney Andrew J. Hunt.

 

# # #

DAYTON – As the result of a national FBI investigation, Andrew Demma, 38, of Dayton, pleaded guilty in U.S. District Court to possession of child pornography involving prepubescent minors.

 

Two other defendants have also pleaded guilty after the national investigation. James Gaver, 71, of Kettering, Ohio, and Robert Phelps, 49, of Jackson Center, Ohio each pleaded guilty in April in separate cases to the same charge of possession of child pornography involving prepubescent minors.

 

Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, and Angela L. Byers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Field Office, announced the pleas entered into before U.S. District Judge Walter H. Rice.

 

According to the Statement of Facts that Demma agreed to, investigators discovered more than 600 images and videos of child pornography while executing a search warrant on August 11, 2015 at Demma’s residence.

 

Possession of child pornography carries a potential maximum sentence of 20 years in prison.

 

U.S. Attorney Glassman commended the investigation of this case by the FBI and Assistant United States Attorney Andrew J. Hunt who is representing the United States in this case.

 

# # #

Docket (0 Docs):   https://docs.google.com/spreadsheets/d/1D-DOc2nVY3aC9h6kPB-GcDUwoQQ4t-nZkBQ3i8ucSig/edit#gid=0
  Last Updated: 2021-04-17 03:14:39 UTC
Description: The fiscal year of the data file obtained from the AOUSC
Format: YYYY

Description: The code of the federal judicial circuit where the case was located
Format: A2

Description: The code of the federal judicial district where the case was located
Format: A2

Description: The code of the district office where the case was located
Format: A2

Description: Docket number assigned by the district to the case
Format: A7

Description: A unique number assigned to each defendant in a case which cannot be modified by the court
Format: A3

Description: A unique number assigned to each defendant in a case which can be modified by the court
Format: A3

Description: A sequential number indicating whether a case is an original proceeding or a reopen
Format: N5

Description: Case type associated with the current defendant record
Format: A2

Description: A concatenation of district, office, docket number, case type, defendant number, and reopen sequence number
Format: A18

Description: A concatenation of district, office, docket number, case type, and reopen sequence number
Format: A15

Description: The status of the defendant as assigned by the AOUSC
Format: A2

Description: A code indicating the fugitive status of a defendant
Format: A1

Description: The date upon which a defendant became a fugitive
Format: YYYYMMDD

Description: The date upon which a fugitive defendant was taken into custody
Format: YYYYMMDD

Description: The date when a case was first docketed in the district court
Format: YYYYMMDD

Description: The date upon which proceedings in a case commenced on charges pending in the district court where the defendant appeared, or the date of the defendant’s felony-waiver of indictment
Format: YYYYMMDD

Description: A code used to identify the nature of the proceeding
Format: N2

Description: The date when a defendant first appeared before a judicial officer in the district court where a charge was pending
Format: YYYYMMDD

Description: A code indicating the type of legal counsel assigned to a defendant
Format: N2

Description: The title and section of the U.S. Code applicable to the offense committed which carried the highest severity
Format: A20

Description: A code indicating the level of offense associated with FTITLE1
Format: N2

Description: The four digit AO offense code associated with FTITLE1
Format: A4

Description: The four digit D2 offense code associated with FTITLE1
Format: A4

Description: A code indicating the severity associated with FTITLE1
Format: A3

Description: The FIPS code used to indicate the county or parish where an offense was committed
Format: A5

Description: The date of the last action taken on the record
Format: YYYYMMDD

Description: The date upon which judicial proceedings before the court concluded
Format: YYYYMMDD

Description: The date upon which the final sentence is recorded on the docket
Format: YYYYMMDD

Description: The date upon which the case was closed
Format: YYYYMMDD

Description: The total fine imposed at sentencing for all offenses of which the defendant was convicted and a fine was imposed
Format: N8

Description: A count of defendants filed including inter-district transfers
Format: N1

Description: A count of defendants filed excluding inter-district transfers
Format: N1

Description: A count of original proceedings commenced
Format: N1

Description: A count of defendants filed whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1

Description: A count of defendants terminated including interdistrict transfers
Format: N1

Description: A count of defendants terminated excluding interdistrict transfers
Format: N1

Description: A count of original proceedings terminated
Format: N1

Description: A count of defendants terminated whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1

Description: A count of defendants pending as of the last day of the period including long term fugitives
Format: N1

Description: A count of defendants pending as of the last day of the period excluding long term fugitives
Format: N1

Description: The source from which the data were loaded into the AOUSC’s NewSTATS database
Format: A10

Description: A sequential number indicating the iteration of the defendant record
Format: N2

Description: The date the record was loaded into the AOUSC’s NewSTATS database
Format: YYYYMMDD

Description: Statistical year ID label on data file obtained from the AOUSC which represents termination year
Format: YYYY

Data imported from FJC Integrated Database
F U C K I N G P E D O S R E E E E E E E E E E E E E E E E E E E E