A few days ago I drove through snow and ice to meet with my lawyer and to review the presentence investigation report (PSI). The PSI presents the findings of an investigation and is used by a judge to assess a defendant’s punishment.

"It’s as bad as it could be," said my lawyer when I sat down.

This wasn’t a surprise. We’d discussed the sentencing guidelines before, and I knew the punishment would likely be severe.

Federal sentences are calculated using a point system. The greater the points, the harsher the punishment. The base level for Receipt of Child Pornography is twenty two. Additional points may be added or deducted based on certain characteristics of the crime. Two points are added if any of the images or videos depicts minors under the age of twelve. Five points are added if the material was transported in the expectation of receiving something of value (additional pornography). Four points are added if the material contains "bondage or other sadistic acts." Add another two points if the offense involves the use of a computer, and another five if the offense involves more than 600 images (videos are worth seventy five images a piece).

Three points may be deducted if the defendant accepts responsibility for his crime—that is, if he cooperates with police and accepts a plea agreement.

According to the PSI, my offense level comes to thirty seven. The report went on to give its recommendation:

Based on a Criminal History Category of I and a Total Offense Level of 37, the Guideline Imprisonment Range is 210 to 262 months. However, since the maximum of the guideline range is greater that the statutorily authorized maximum sentence of 20 years, the Guideline Imprisonment Range becomes 210 to 240 months.

Seventeen and a half to twenty years imprisonment.

I thought back to the postcard I’d received in the mail last month notifying me that a sex offender had moved into my neighborhood. That man, convicted not of downloading pictures but of sexually assaulting a sixteen-year-old girl, had served but three years in prison.

My lawyer said that despite what people think, many federal judges don’t like playing god and are content with upholding the guidelines. But the better judges may decide for themselves whether the punishment fits the crime.