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2022 Supreme(US)(ca11) 104

COURT OF APPEALS FOR THE ELEVENTH CIRCUIT
United States – Appellant
Versus
Blaine Joyner Coglianese – Respondent



[PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

____________________

No. 20-12074 ____________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus BLAINE JOYNER COGLIANESE,

Defendant-Appellant.

____________________

Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 8:19-cr-00263-VMC-TGW-1 ____________________ USCA11 Case: 20-12074 Date Filed: 05/17/2022 Page: 2 of 20

20-12074 Opinion of the Court 2 Before WILLIAM PRYOR, Chief Judge, JORDAN, Circuit Judge, and BROWN,∗ District Judge. 1

JORDAN, Circuit Judge: Blaine Coglianese appeals his sentence of 168 months’ imprisonment followed by 30 years of supervised release, imposed pursuant to his guilty plea for numerous child sex crimes. He challenges the procedural and substantive reasonableness of his bottom-of-the-guidelines sentence, arguing that the district court did not properly consider the 18 U.S.C. § 3553(a) factors. He also contests the imposition of a special condition of supervised release prohibiting him—absent probation office approval—from using or possessing a computer or a device capable of connecting to the internet and from possessing an “electronic data storage medium.” I Mr. Coglianese was 22 years old when he met 14-year-old J.G. on a dating site. They exchanged photos for weeks before going to his residence. The first time they engaged in sexual activity, Mr. Coglianese believed J.G. was 18. By the second time they saw each other, Mr. Coglianese knew her true age. Undeterred, he continued eliciting nude photos of J.G. and sending her photos of himself via Facebook messenger. Around the same time, Mr. Coglianese began chatting with various Tumblr users

∗ Honorable Michael L. Brown, United States District Judge for the Northern District of Georgia, sitting by designation. USCA11 Case: 20-12074 Date Filed: 05/17/2022 Page: 3 of 20

20-12074 Opinion of the Court 3 about his relationship with a 14-year-old. He sent some of those users photos of J.G. in exchange for other child pornography. The government charged Mr. Coglianese with coercion and enticement of a minor, in violation of 18 U.S.C. § 2422(b); receipt of child pornography, in violation of 18 U.S.C. §§ 2252(a)(2) and (b)(1); and transportation of child pornography, in violation of 18 U.S.C. §§ 2252(a)(1) and (b)(1). Mr. Coglianese ultimately pled guilty to all charges without a plea agreement. Given the offenses to which Mr. Coglianese pled guilty, and his criminal history category of I, the advisory guidelines range was 168 to 210 months of imprisonment followed by five years to life of supervised release. The presentence investigation report did not reveal any factors that would warrant a departure or variance from the applicable sentencing range. At the sentencing hearing, the government recommended a sentence of 210 months at the high end of the guidelines range. Mr. Coglianese requested a term of 144 months. He argued that various factors warranted a downward variance from the sentencing guidelines, including the low number of pornographic images involved, the lack of predatory behavior, his untreated mental illness (major depressive disorder and attention deficit hyperactivity disorder), his cooperation with law enforcement, and his low likelihood of recidivism. During the hearing, the district court discussed two principal concerns: (1) the government’s request for a high-end sentence; and (2) the fa

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