GOVERNMENT’S SENTENCING MEMORANDUM Page 1 of 4

BILLY J. WILLIAMS, OSB #901366

United States Attorney

District of Oregon

AMY E. POTTER

Assistant United States Attorney 

Amy.Potter@usdoj.gov

405 E. 8th Ave., Ste. 2400 

Eugene, Oregon 97401

Telephone: (541) 465-6771

Attorneys for the United States

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

EUGENE DIVISION

The United States of America, by and through Billy J. Williams, United States Attorney 

for the District of Oregon, and Amy E. Potter, Assistant United States Attorney, hereby submits 

this sentencing memorandum in anticipation of the sentencing of Daniel Felman on June 15, 2017. 

Defendant Felman pleaded guilty to one count of possession of child pornography on April 5, 

2017. The government is recommending a sentence of 63 months’ imprisonment with ten years 

of supervised release to follow.

I. FACTUAL BACKGROUND 

The facts underlying this case are detailed in the Presentence Report and the United States 

concurs with the offense conduct description. (PSR ¶¶ 10-35). 

UNITED STATES OF AMERICA

v.

DANIEL FELMAN,

 Defendant.

Case No. 6:15-CR-00348-AA

GOVERNMENT’S SENTENCING 

MEMORANDUM

Sentencing Date: June 15, 2017

at 10:00 a.m.
GOVERNMENT’S SENTENCING MEMORANDUM Page 2 of 4

In 2015, local law enforcement determined that a user, later identified as defendant Felman, 

was trading child pornography on a peer-to-peer network. (PSR ¶¶ 10, 19, 22). At the time, 

defendant was living in Corvallis, Oregon and a search warrant was obtained for his apartment. 

(PSR ¶¶ 22-23). Multiple electronic devices were seized from the residence. (PSR ¶ 25). After 

forensic review, investigators determined that defendant had over 100,000 images of child 

pornography and 800 video files containing child pornography. (PSR ¶ 33). Defendant Felman 

admitted to downloading and sharing child pornography. (PSR ¶ 26). He started downloading 

child pornography prior to 2013 when he moved to Corvallis and knew that he was sharing the 

child pornography using the peer-to-peer software. (PSR ¶ 26-28).

II. GUIDELINES CALCULATIONS

The parties agree that the following guideline calculation apply in defendant’s case:

(1) USSG § 2G2.2(a)(2) – Base Offense Level 18

(2) USSG § 2G2.2(b)(2) – images w/ minor <12 2

(3) USSG § 2G2.2(b)(3)(F) – distribution 2

(3) USSG § 2G2.2(b)(4) – sadomasochistic behavior 4

(4) USSG § 2G2.2(b)(6) – use of computer 2

(5) USSG § 2G2.2(b)(7)(D) – more than 600 images 5

Base Offense 33

(6) USSG § 3E1.1 – Acceptance of Responsibility - 3

Total Offense Level 30

Defendant is a criminal history category I, resulting in a guideline range of 97-120 months’ 

imprisonment. The government is also recommending a 4-level variance, reducing the low-end 

guideline range to 63 months’ imprisonment.
GOVERNMENT’S SENTENCING MEMORANDUM Page 3 of 4

III. SENTENCING RECOMMENDATION

The government is recommending a 63-month sentence. Probation recommends 36 

months’ imprisonment. The government believes that the defense will ask for a probationary 

sentence.1 The government understands these recommendations and that defendant has significant 

mental health issues, but the government continues to believe that a term of imprisonment is 

appropriate for these types of cases. 

The government’s recommendation is a reasonable sentence in this case. Defendant is a

young adult with no prior criminal history and mental health issues, but he is also extremely 

intelligent. He should have understood the horrific acts that resulted in the images he was trading. 

The volume of images—over 100,000 images and 800 videos—demonstrates that defendant 

actively sought out child pornography over many years and hoarded it. Recognizing his age and 

mental health issues, the government did not insist on a mandatory minimum. But, again, the 

government continues to recommend a term of imprisonment. 

IV. RESTITUTION

One victim submitted restitution request in this case, but it was later withdrawn. The 

government will notify the Court if any updated request are received.

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 1 If the Court decides not to impose a term of imprisonment, the government request that 

the Court order a time-served sentence and impose a minimum of ten years of supervision.
GOVERNMENT’S SENTENCING MEMORANDUM Page 4 of 4

V. CONCLUSION

A 63-month term of imprisonment with a ten-year term of supervised release is appropriate 

in this case.

Dated this 7th day of June 2017.

Respectfully submitted,

BILLY J. WILLIAMS

United States Attorney

s/ Amy E. Potter

AMY E. POTTER

Assistant United States Attorney