FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF
MAINE, [Hon. John A. Woodcock, U.S. District Judge]
Charles Horstmann, for appellant.
Renée M. Bunker, Assistant United States Attorney,
with whom Thomas E. Delahanty II, United States Attorney, was
on brief for appellee.
Torruella, Lynch, and Thompson, Circuit Judges.
TORRUELLA, Circuit Judge.
a bench trial in the U.S. District Court for the District of
Maine, Defendant- Appellant James M. Cameron
("Cameron") was convicted on thirteen counts of
child pornography. Cameron appealed for the first time, and
this Court vacated Cameron's conviction on six of those
counts, upheld his conviction on the remaining seven counts,
and remanded the case to the district court. United
States v. Cameron, 699 F.3d 621, 653 (1st Cir. 2012).
after we issued our decision, Cameron fled the state of Maine
in violation of a court order. He was subsequently
apprehended and pled guilty to one count of criminal
contempt. The Government declined to seek a new trial on the
six counts we vacated and moved for sentencing on the seven
remaining child-pornography counts and the criminal-contempt
hearing, the district court sentenced Cameron to 165
months' imprisonment for the child-pornography counts and
twenty-four months for the contempt charge. Cameron now
appeals from his sentence for the child-pornography counts.
Cameron argues that the sentence was procedurally
unreasonable because the district court did not adequately
consider Cameron's disproportionate-sentence argument and
treated certain factors in Cameron's history and
characteristics inappropriately. Cameron also argues that the
165-month sentence creates an unwarranted sentence disparity
with similar cases and was therefore substantively
affirm the district court's sentence.
Cameron's Conviction and Appeal
February 11, 2009, a federal grand jury indicted Cameron,
then a prosecutor for the state of Maine, on sixteen counts
of child pornography-related crimes. After a bench trial, the
district court found Cameron guilty on thirteen of the
sixteen counts. The district court then sentenced Cameron to
192 months' imprisonment. Cameron appealed to this Court,
and on November 14, 2012, this Court held that the district
court erred when it admitted certain evidence in violation of
Cameron's rights under the Confrontation Clause.
Cameron, 699 F.3d at 649-51. We therefore vacated
six counts of Cameron's conviction and remanded the case
to the district court "for re-sentencing, or a new trial
if the government wishes to so proceed." Id. at
Cameron Flees Maine
after this Court issued its opinion upholding portions of
Cameron's conviction, Cameron fled the state of Maine in
violation of his release conditions. Cameron avoided
detection for more than two weeks, and during that time, he
attempted to cash two forged checks for $42, 000 and $32,
000. The district court found that Cameron "fled the
jurisdiction with the specific intent to avoid the
resentencing hearing that the First Circuit ordered."
was eventually arrested in New Mexico, and on January 2,
2013, the Government charged Cameron with criminal contempt
in violation of 18 U.S.C. § 401(3). Cameron pled guilty
to the criminal contempt charge on February 19, 2013.
The District Court Re-Sentences Cameron
The District Court's Sentencing ...