MORE: New Carlisle man’s sentencing date set in child pornography case
“Dalton Konat, through counsel, and respectfully submits that a sentence of 36 months is sufficient but not greater than necessary to comport with the statutory purposes of sentencing,” the motion says. “The recommended sentence of 135 months is based on the production of child pornography guidelines. But it is of paramount importance to look at the underlying facts of this case.”
Konat was accused of secretly recording an 11-year-old girl getting in and out of the shower. He pleaded guilty to possessing the video and the plea agreement says the judge can take the creation of the video into account when sentencing him.
“Clearly, this case is a far different than the production of child pornography cases normally found in federal court that involve the creation of images depicting children – often prepubescent – being forcibly raped or otherwise sexually abused,” the motion says. “But the guidelines do not account for this difference, and Mr. Konat faces a guideline range of 135-168 months – as if he was comparable to other defendants who produced videos depicting the rape of a child.”
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The motion points out that the video was never shown to anyone else or offered for sale.
“Mr. Konat made a horrible mistake that will affect him and those he loves for the rest of their lives,” the motion says. “But it would be patently unjust to sentence him to more than a decade in federal prison based on the facts of his crimes. The Court has sentenced federal offenders who knowingly possessed some of the vilest depictions of children being abused imaginable to far less time than recommended. The use of the production of child pornography guideline, although technically applicable, is far greater than necessary – especially with these facts. Mr. Konat will have to register as a sex offender, and can become involved in the specific impulse control counseling discussed by Dr. (Scott) Bresler. He deserves to be punished, but fairly.”
Konat is scheduled to be sentenced today.
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