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United States v. Huygens

United States District Court, Eighth Circuit

May 23, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
JEFFREY HUYGENS, Defendant.

ORDER ACCEPTING REPORT AND RECOMMENDATION CONCERNING GUILTY PLEA

DONALD E. O'BRIEN, Senior District Judge.

I. INTRODUCTION AND BACKGROUND

Before the Court is Magistrate Judge Leonard T. Strand's Report and Recommendation Concerning Guilty Plea (Docket No. 27, 02/25/2013).

On October 24, 2012, a four count Indictment (Docket No.

1) was returned in the above-referenced case. On February 25, 2013, Defendant Jeffrey Huygens appeared before United States Magistrate Judge Leonard T. Strand and entered guilty pleas to Counts One and Two pursuant a plea agreement with the Government.[1]

Count One of the Indictment charges that between about September 2011 and December 2011, in the Northern District of Iowa and elsewhere, the defendant, Jeffrey Huygens, knowingly distributed and attempted to distribute visual depictions of minors engaged in sexually explicit conduct, using a means and facility of interstate and foreign commerce. The defendant previously had been convicted of an offense relating to sexual abuse or abusive sexual conducting involving a minor, to wit:

The defendant was convicted of two counts of Child Molestation in the First Degree, in violation of Revised Code of Washington Section 9A.44.083, in Case Number XX-X-XXXXX-X, in the Superior Court of Island County, Washington, with judgment entered on February 16, 1990.

This was in violation of Title 18, United States Code, Sections 2252(a)(2) and 2252(b)(1).

Count Two charges that between about 2002 and March 2012, in the Northern District of Iowa and elsewhere, the defendant, Jeffrey Huygens, knowingly received and attempted to receive visual depictions of minors engaged in sexually explicit conduct, using a means and facility of interstate and foreign commerce, and said visual depictions having been transported in interstate and foreign commerce. The defendant previously had been convicted of an offense relating to sexual abuse or abusive sexual conduct involving a minor, to wit:

The defendant was convicted of two counts of Child Molestation in the First Degree, in violation of Revised Code of Washington Section 9A.44.083, in Case Number XX-X-XXXXX-X, in the Superior Court of Island County, Washington, with judgment entered on February 16, 1990.
This was in violation of Title 18, United States Code,

Sections 2252(a)(2) and 2252(b)(1).

The Report and Recommendation (Docket No. 27) recommends that defendant Jeffrey Huygens' guilty pleas be accepted. Waivers of objections to Judge Strand's Report and Recommendation were filed by each party (Docket Nos. 28 and 29). The Court, therefore, undertakes the ...


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