FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF
MAINE [Hon. John A. Woodcock, Jr., U.S. District Judge]
Lawrence D. Gerzog on brief for appellant.
Renée M. Bunker, Assistant United States Attorney,
Appellate Chief, and Halsey B. Frank, United States Attorney,
on brief for appellee.
Lynch, Kayatta, and Barron, Circuit Judges.
sentencing appeal follows Joshua Harrison's plea of
guilty to possession of child pornography. Harrison kept on
his computer and tablet over 300 child pornography images,
many of prepubescent minors, toddlers, and infants.
Harrison's criminal history includes a juvenile
adjudication and adult criminal conviction for abuse of, or
misconduct with, boys as young as eight years old.
district court sentenced Harrison to 120 months'
imprisonment followed by lifetime supervised release. The
court reasoned that the condition of lifetime supervised
release was justified because Harrison posed a "danger
to young boys."
appeal, Harrison asks us to vacate and remand for
resentencing. He argues that the district court inadequately
explained why it imposed a condition of lifetime supervised
release and that the condition is substantively unreasonable.
He next challenges his 10-year imprisonment sentence as
substantively unreasonable. We disagree and so we affirm.
August 2015, authorities detected child pornography in an
email account they traced to Harrison. Further inquiry turned
up a 2012 report that Harrison had offered to exchange sexual
photographs for money with two young boys. With this, police
got a warrant to search Harrison's email account and his
spoke with police during the search. He denied involvement
with child pornography, but said that if his computer
contained child pornography it was for him to
"self-medicate" so that he did not do anything to a
child. The officers seized Harrison's laptop and tablet,
which between them held 320 images of child pornography. The
probation office said that number, 320, was "a
conservative accounting." The images involved
prepubescent minors, toddlers, and infants as young as one
year old. And some depicted "sadistic or masochistic
conduct" including penetration and bondage.
was charged with one count of possession of child pornography
in violation of 18 U.S.C. §§ 2252A(a)(5)(B) and
(b)(2). He pleaded guilty, with no plea agreement, in
recount the following from the presentence report (PSR) and
the sentencing transcript. Harrison, from at least the age of
sixteen, "engaged in a pattern of activity involving the
sexual abuse or exploitation of a minor." In 1998, when
Harrison was sixteen, he received a juvenile adjudication for
the gross sexual assault of an eight-year-old boy. While in
juvenile detention, Harrison collected over 100 disciplinary
infractions. Corrections officials deemed him a
"treatment resister." At discharge, he was an
"untreated sex offender," having completed only two
credits of a 120-credit sex offender treatment program.
reviews conducted during Harrison's juvenile detention
revealed a lack of empathy and "total absence of
remorse." The reviews found it "highly
probabl[e]" that Harrison had more victims. And,
importantly, they concluded that Harrison's "risk of
sexual re-offense [was] higher than the baseline risk."
That conclusion proved prophetic when, soon after his
release, Harrison offered to exchange sexual ...