An Army medic veteran of two tours of Iraq’s one-day prison sentence was set aside Friday because it was unreasonably low in a child exploitation case, the Sixth Circuit Court of Appeals ruled.
Andrew Demma, 41, of Dayton, pleaded guilty in June 2017 to possessing child pornography involving pre-pubescent minors, which psychologists testified was tied to Post Traumatic Stress Disorder.
The Sixth Circuit sent the case back to the district court in Dayton for resentencing, but no date has yet been set, according to a release from United States Attorney David M. DeVillers of the Southern District of Ohio.
During his Oct. 4, 2018, sentencing, U.S. District Court Judge Walter Rice said Demma’s case is the rare one fitting the exception for a “significant variance” due to his law-abiding life, voluntary military service, perceived low risk of reoffending and his seeking of treatment.
The Sixth Circuit’s opinion noted “that there is no evidence in the record to support the proposition that military veterans suffering from PTSD typically become addicted to child pornography.”
It also took note of the size and nature of Demma’s child pornography collection — more than 3,600 images and 230 videos, many depicting men raping and otherwise sexually abusing pre-pubescent girls — and that he accessed child pornography daily using complex software. Also taken into account is the serious and continuing harm inflicted upon victims of child pornography and the need for sentences to deter similar offenses, the release stated.
In addition to Demma’s one-day sentence imposed in October 2018, he was ordered to pay $45,000 total to nine known victims, to contribute 100 hours of community service, be on supervised release for 10 years and to submit to drug testing, treatment and intensive counseling.
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