LUBBOCK, Texas — A federal judge will set aside the current prison sentence for Luke Aaron Long, 42, and reconsider his punishment.
Long is currently serving a 10-year sentence at the federal correctional facility in Seagoville. Long took a plea deal in July 2018 for possession of child pornography.
Long’s motion said a pre-sentence investigation incorrectly accused him of distributing an image “in exchange” for something of value.
Court records said as part of an investigation into child pornography, a detective used a peer-to-peer connection to download an image of an underage girl standing nude in a river. That image came from an address in the 5800 block of 95th Street in Lubbock.
Related Story: Lubbock man takes plea deal for possessing child pornography
In November 2018 a federal judge sentenced Long to the statutory maximum of 10 years. In August, Long filed a motion himself to request a lower sentence.
Long argued that the guideline should be 63 to 78 months (5 and-a-quarter years to 6 and-a-half years) instead of the maximum 10 years.
Long’s motion said a pre-sentence investigation incorrectly accused him of distributing an image “in exchange” for something of value. His motion said he did not “knowingly” distribute child pornography and he never received anything of value.
Long cited another federal case in support of his argument that he did nothing “in exchange” for something of value.
Long also cited federal sentencing guidelines which call for a higher recommended sentenced for someone who knowingly distributes child pornography in order to get something in return.
Long argued that the guideline should be 63 to 78 months (5 and-a-quarter years to 6 and-a-half years) instead of the maximum 10 years.
Senior United States Judge Sam Cummings on Thursday ordered that Long be brought back from Seagoville to Lubbock for a new hearing on his prison sentence.
He will remain locked up during that process, according to the judge’s order. A specific rehearing date was not yet listed.
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