A Buffalo man who admitted taking photos of a naked 5-year-old girl is going to prison for 20 years.
David Young, 29, of Buffalo, was sentenced Wednesday and could face even more prison time in connection with a separate state court case and a second underage girl.
U.S. District Judge Elizabeth Wolford pointed to the second victim, who was between 8 and 12 when the alleged abuse occurred, in giving Young the maximum recommended sentence.
“A civil society can’t tolerate this type of conduct," she told him.
Young said little during his sentencing but, at one point, acknowledged his crimes.
“Instead of getting help, I made a terrible decision that I regret every day," he told Wolford.
Frank Passafiume, an assistant federal public defender, asked for a more lenient sentence and noted Young’s history of mental illness, as well as his remorse and acceptance of responsibility.
Like Wolford, he referred to the state court case against Young and noted that, despite conduct he considered far more egregious, his client faces a maximum of four years in prison there.
“There’s a huge discrepancy," Passafiume told the judge.
The disparity in child porn sentences in state and federal court has been an issue of debate in the criminal justice community for several years.
Assistant U.S. Attorney Michael DiGiacamo also referred to the second victim Wednesday and acknowledged Young’s need for counseling.
“This defendant is in need of some long-term care and treatment," he said.
The charges against Young are the result of an investigation by the FBI, Cheektowaga Police and West Seneca Police.