MEMPHIS, Tenn. — A Memphis federal court judge has been kicked of a child pornography case after refusing to send the defendant to prison and giving him a light sentence.
According to court records, Dane Schrank visited the "dark web" and downloaded nearly 1,000 images of babies and toddlers being forcibly and violently penetrated. Schrank confessed and pled guilty to possession of child pornography.
The sentencing guidelines called for a sentence of 97 to 120 months in prison. Judge Sheryl Lipman sentenced Schrank to 12 months home confinement, ignoring the sentencing guidelines, not once, but twice.
The 12-month home confinement sentence was appealed to the 6th U.S. Circuit Court of Appeals.
In the first 6th Circuit Court of Appeals ruling, judges found the light sentence was unreasonable and remanded the case back to Lipman's court for resentencing. Lipman ignored the sentencing guidelines again, and sentenced Schrank for the second time to 12 months home confinement.
The 6th Circuit once again vacated the sentence and sent it back to the lower court for resentencing, but this time ordered the case reassigned to a different judge.
According to the most recent Appeals court ruling, Lipman criticized the appellate judges for "second guessing her sentence and that she refused to impose a sentence that doesn't make sense." The ruling goes on to say, "The district judge didn't stop there. She found time to criticize the sophistication of the judges when it comes to computers."
Lipman said, "Schrank's misconduct - accessing the dark web over the course of 5 days and downloading nearly 1,000 images of children being raped, was much less exaggerated than the 6th Circuit judges realize."
The 6th Circuit said Lipman's 12 month home confinement sentence was unreasonable given Schrank's conduct. The appeals court ruling said it takes a conscious effort to move through the dark web to download child pornographic images.
According to court records, Lipman's decision for not following the sentencing guidelines was the belief that incarceration would not help Schrank, it would only hinder him. It said Lipman found Schrank was in the process of rehabilitating himself.
Schrank was 21 at the time the crime was committed.