Judges deny Larry Nassar's appeal, uphold sentence on federal child-porn convictions

Matt Mencarini | Lansing State Journal

Show Caption Hide Caption 60 photos of brave women who helped lock up Larry Nassar Here are photos from the sentencing hearings where women confronted former MSU and Olympic doctor Larry Nassar.

LANSING, Mich. – Disgraced doctor Larry Nassar's appeal of his 60-year federal sentence on child-pornography charges was denied Wednesday.

A three-judge panel of the U.S. Sixth Circuit Court of Appeals issued its ruling Wednesday, affirming U.S. District Judge Janet Neff's decision to sentence Nassar to three 20-year prison terms to be served one after another.

Nassar's attorneys filed their appeal in April, arguing that Neff erred when she used his 10 sexual-assault convictions in Michigan state court, for which he had not been sentenced at the time, in calculating the sentence guideline range. Nassar's federal court-appointed appellate attorney also argued that it was "procedurally unreasonable" for the federal judge to order Nassar's state sentences to be served after the federal sentence.

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The U.S. Attorney's Office, in response, argued that Neff acted within her discretion.

"In deciding to impose consecutive sentences, the district court relied on the duration, enormity and gravity of Nassar’s criminal conduct; the serious harm that Nassar inflicted on his victims; and the serious safety threat that Nassar presents to the public," the appeals judges wrote in their opinion.

"The district court agreed with the government’s observation that at least some of Nassar’s activities occurred outside of the state of Michigan, and thus at least implicitly recognized that Nassar’s state sentences for first-degree criminal sexual conduct would not account for all of his criminal behavior."

Nassar, 55, formerly of Holt, Michigan, pleaded guilty in July 2017 in federal court to three charges: obtaining and possessing child pornography, and destroying computer files to hamper the investigation.

Nassar had at least 37,000 videos and images of child pornography, which the Michigan State University Police Department found in September 2016 while executing a search of his Holt home.

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Nassar worked at Michigan State University for nearly 20 years. Before he was fired, he had his work laptop wiped clean. That action was the basis for the federal charge related to destroying files.

Four months after pleading guilty to the federal charges, Nassar pleaded guilty to 10 sexual-assault charges split between Ingham and Eaton counties in Michigan. He was later sentenced 40 to 175 years in prison in Ingham County and 40 to 125 years in prison in Eaton County.

Nassar also has filed motions in state courts seeking new sentences in both cases. A hearing on the issue is set for Monday in Ingham County and in September in Eaton County.

Aquilina refuses to recuse. Aquilina refuses to recuse.

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