USA v. Richard Eckhoff

Filing

Opinion issued by court as to Appellant Richard Eckhoff. Decision: Affirmed. Opinion type: Non-Published. Opinion method: Per Curiam.

Case: 11-10964

Date Filed: 11/10/2011

Page: 1 of 3

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
FILED
________________________ U.S. COURT OF APPEALS
No. 11-10964
Non-Argument Calendar
________________________

ELEVENTH CIRCUIT
NOVEMBER 10, 2011
JOHN LEY
CLERK

D.C. Docket No. 8:10-cr-00101-EAK-EAJ-1

UNITED STATES OF AMERICA,
llllllllllllllllllllllllllllllllllllllll

Plaintiff-Appellee,
versus

RICHARD ECKHOFF,
a.k.a. Richard Elias Eckhoff,
llllllllllllllllllllllllllllllllllllllll

Defendant-Appellant.

________________________
Appeal from the United States District Court
for the Middle District of Florida
________________________
(November 10, 2011)
Before MARCUS, PRYOR and MARTIN, Circuit Judges.
PER CURIAM:

Case: 11-10964

Date Filed: 11/10/2011

Page: 2 of 3

Richard Eckhoff appeals his sentence of 262 months of imprisonment for
two counts of producing child pornography, 18 U.S.C. § 2251(a), one count of
receiving child pornography, id. § 2252(a)(2), and one count of possessing child
pornography, id. § 2252(a)(4)(B). Eckhoff argues that his sentence is
unreasonable. We affirm.
The district court did not abuse its discretion by sentencing Eckhoff to a
term of imprisonment at the low end of the advisory guideline range. Eckhoff
persuaded a 16 year old girl to transmit repeatedly live video footage of her naked
body. Later, Eckhoff attempted to convince the girl to delete from her computer
the messages and pictures sent from Eckhoff and to tell federal investigators that
Eckhoff had not seen her naked. Eckhoff also induced two sisters, when they were
between the ages of 15 and 17, each to email photographs of themselves in
sexually explicit poses and to participate in sexually explicit online conversations.
Investigators discovered on Eckhoff’s computer more than 600 images of child
pornography, including images that Eckhoff had downloaded from a child
pornography website that portrayed children in bondage and being assaulted
sexually. At sentencing, the district court acknowledged Eckhoff’s lack of prior
criminal record, his “immaturity” and “difficulty in having social relationships,”
and the care he had provided for his parents, but the district court found those
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Case: 11-10964

Date Filed: 11/10/2011

Page: 3 of 3

factors were outweighed by Eckhoff’s decision to “manipulate” for years his
victims for his “own sexual gratification” and “literally destroy . . . their lives” to
the point that one victim “[c]onsidered suicide.” The district court reasonably
determined that a sentence of 262 months of imprisonment was necessary to
address the seriousness of Eckhoff’s offenses, provide adequate punishment,
protect the public, and deter future similar crimes. See 18 U.S.C. § 3553(a). We
reject as preposterous Eckhoff’s argument that he deserved a lesser sentence
because he “[n]ever me[t] with any of [his] victims in person[] or . . . [had] sex
with any of the alleged victims.” Eckhoff’s sentence is reasonable.
We AFFIRM Eckhoff’s sentence.

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