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Tom Schloeder Sentencing

Tom Schloeder Sentencing

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Published by Matt Hennie
Tom Schloeder, a co-owner of gay Atlanta retail outlet Brushstrokes, was senteneced to 8 years in prison on July 10, 2013 for hoarding thousands of images of child porn.
Tom Schloeder, a co-owner of gay Atlanta retail outlet Brushstrokes, was senteneced to 8 years in prison on July 10, 2013 for hoarding thousands of images of child porn.

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Categories:Types, Business/Law
Published by: Matt Hennie on Jul 16, 2013
Copyright:Attribution Non-commercial

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02/09/2014

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 1 UNITED STATES DISTRICT COURTNORTHERN DISTRICT OF GEORGIA2 ATLANTA DIVISION 3 4UNITED STATES OF AMERICA ) DOCKET NO. 1:13-CR-47-ODE-GGB5 )) ATLANTA, GEORGIA6 ) JULY 10, 2013V. )7 )THOMAS JOSEPH SCHLOEDER, )8 )DEFENDANT. )9 10TRANSCRIPT OF SENTENCING HEARING11 BEFORE THE HONORABLE ORINDA D. EVANSSENIOR UNITED STATES DISTRICT JUDGE12 13 APPEARANCES OF COUNSEL: 14 FOR THE GOVERNMENT: JILL E. STEINBERGASSISTANT U. S. ATTORNEY15FOR THE DEFENDANT: BARRY HAZEN16 BERNARD S. BRODY 17 18 COURT REPORTER: ANDY ASHLEY1949 U. S. COURTHOUSE19 ATLANTA, GEORGIA 30303-3361(404) 215-147820 21 22 PROCEEDINGS RECORDED BY MECHANICAL STENOGRAPHY, TRANSCRIPTPRODUCED BY COMPUTER.23 24 25 ANDRE G. ASHLEY, O.C.R.
 
 2 1 P R O C E E D I N G S 2 (ATLANTA, FULTON COUNTY, GEORGIA; JULY 10, 2013 3 IN OPEN COURT.) 4 THE COURT: ALL RIGHT. IN THE CASE OF UNITED STATES 5 VERSUS SCHLOEDER, THIS IS THE SENTENCING HEARING. I'VE READ 6 THE PRESENTENCE REPORT. THERE ARE NO UNRESOLVED GUIDELINE 7 ISSUES. 8 THE PRESENTENCE REPORT SHOWS THAT THE CUSTODY 9 GUIDELINE RANGE IS FROM 97 TO 121 MONTHS WITH A 60 MONTH 10 STATUTORY MINIMUM, CRIMINAL HISTORY CATEGORY ONE, TOTAL OFFENSE 11 LEVEL OF 30; DOES ANYONE DISAGREE WITH THAT? 12 MS. STEINBERG: NO, YOUR HONOR. 13 MR. HAZEN: NO, YOUR HONOR. 14 THE COURT: ALL RIGHT. SO REALLY THE QUESTION IS 15 WHAT IS A REASONABLE SENTENCE UNDER THE FACTS OF THIS CASE, AND 16 I'D LIKE TO HEAR FIRST FROM THE GOVERNMENT. 17 I REALIZE YOU ALL HAD AN AGREEMENT ABOUT THIS, 18 BUT I'D LIKE FOR YOU TO GO AHEAD AND PUT IT ON THE RECORD AND 19 TELL ME WHAT YOU THINK JUSTIFIES THE RECOMMENDATION YOU'RE 20 GIVING. 21 MS. STEINBERG: YES, YOUR HONOR. AS THE COURT HAS 22 RECOGNIZED, THERE REALLY IS NOT A DISPUTE AS TO WHAT THE 23 CORRECT GUIDELINE RANGE IS, AND THERE REALLY IS NOT A DISPUTE 24 BETWEEN THE PARTIES AS TO WHAT OUR BELIEF IS WITH RESPECT TO 25 WHAT IS REASONABLE. IT'S STIPULATED WITHIN THE PLEA DOCUMENT ANDRE G. ASHLEY, O.C.R.
 
 3 1 ITSELF THAT THE PARTIES BELIEVE THAT A SENTENCE WITHIN THE 2 GUIDELINES IS IN FACT A REASONABLE SENTENCE UNDER THE 3553(A) 3 FACTORS. 4 IT'S THE GOVERNMENT'S POSITION THAT THE REASON FOR 5 THIS IS THAT ALTHOUGH IN SOME CASE WE DO FIND OURSELVES ASKING 6 FOR VARIANCES BELOW THE GUIDELINE RANGES IN THESE KIND OF 7 CASES, THIS IS NOT ONE OF THOSE CASES. THERE ARE A FEW 8 REASONS. 9 THE MOST SIGNIFICANT REASON IS THE FACT THAT THE 10 DEFENDANT IS A PREVIOUSLY CONVICTED SEX OFFENDER IN EFFECT. 11 THAT IS NOT SOMETHING THAT IS TAKEN INTO ACCOUNT IN THE 12 GUIDELINE CALCULATION BECAUSE OF THE AGE OF THE OFFENSE, BUT 13 THE FACT THAT THESE TWO OFFENSES ARE SIMILAR IN TERMS OF THEM 14 BEING CHILD EXPLOITATION OFFENSES IS PROBATIVE WITH REGARD TO 15 THE DEFENDANT'S FUTURE DANGEROUSNESS, AND THE FACT THAT HE 16 CONTINUES TO ENGAGE IN SIMILAR TYPE BEHAVIORS AFTER HAVING BEEN 17 INCARCERATED ON A CHILD EXPLOITATION OFFENSE BACK WHEN HE WAS 18 IN THE MILITARY. 19 FOR THAT REASON, WE THINK IT'S THAT MUCH MORE 20 IMPORTANT THAT THE DEFENDANT RECEIVE A GUIDELINE SENTENCE IN 21 THIS PARTICULAR CASE BECAUSE THIS IS NOT A SINGULAR INCIDENT, 22 AND I KNOW A LOT OF TIMES DEFENDANTS GET UP HERE AND SAY THIS 23 IS A SINGULAR INCIDENT, I'M JUST SITTING IN MY HOUSE LOOKING AT 24 THESE PICTURES. THAT'S NOT THE SITUATION WE HAVE HERE. 25 WE HAVE SOMEONE WHO ACTUALLY HAS BEEN A CONTACT ANDRE G. ASHLEY, O.C.R.

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