FLAUM, Circuit Judge.
Defendant John Dean transported thousands of files of child pornography across the U.S.-Canada border. He pled guilty to one count of transporting child pornography, see 18 U.S.C. § 2252A(a)(1), and received an 87-month prison term and lifetime supervised release. After admitting to knowing possession and transport of the files during his guilty plea, Dean now challenges the district court's interpretation of § 2252A(a)(1) and his sentence. We affirm.
On August 20, 2009, Dean boarded an airplane in Chicago bound for Ottawa, Canada. With him, he carried a laptop computer housing over 14,000 still images and over 700 videos of child pornography. When Dean's flight landed in Ottawa, Canadian police arrested him and charged him with possession of child pornography. He was convicted and served 21 months in a Canadian prison. After completion of his Canadian sentence, U.S. law enforcement took custody of Dean and indicted him with transportation of child pornography across the U.S.-Canada border.
Dean pled guilty to transportation of child pornography in foreign commerce. At the plea hearing, the district court found Dean competent, an assessment shared by his defense attorney and the prosecution. During the hearing, Dean acknowledged that he downloaded files of child pornography onto the laptop and knew that the laptop contained child pornography. He also admitted that, when he crossed the Canadian border, he knew the
Despite these admissions, Dean maintained that he "didn't knowingly, purposely want to break the law or anything. I was — for whatever reason, I had it on my computer, and my intentions were not to let it out of my hands until I could get rid of it or destroy it. But I know that isn't the important part. The point I wish to make is I did not knowingly break the law or violate that code. I didn't know that it existed." In response, the district court explained that § 2252A(a)(1) did not require knowledge of illegality but only knowing transportation of child pornography across state lines or an international border. Dean responded with understanding: "Yes. And that is why I plead to that." The district court ultimately accepted Dean's guilty plea.
At sentencing, the district court calculated a criminal history category of one and an offense level of thirty-four, suggesting a Guidelines range of 151- to 188-months' imprisonment. The district court recognized that, because certain enhancements apply to nearly every child pornography case, the Guidelines "range is too severe." Beginning with a below-Guidelines starting point of 108 months, the district court deducted 21 months to credit Dean's Canadian imprisonment. Thus, the court imposed an 87-month prison term followed by lifetime supervised release.
Dean first challenges the district court's interpretation of § 2252A, suggesting that a factual basis for Dean's plea did not exist because Dean never admitted to knowing that his transportation of child pornography across a foreign border violated the law. Dean's guilty plea, however, forecloses this argument. In pleading guilty, Dean waived any challenge to the application of the statutory elements to his conduct. See United States v. Martin, 147 F.3d 529, 533 (7th Cir.1998). Dean tries to nullify his waiver by explaining in his reply
Even if we were to reach the merits of Dean's argument, it is clear that Dean voluntarily admitted to conduct providing a factual basis for the district court to conclude Dean possessed the requisite state of mind when he carried the child pornography into Canada. Dean disagrees, arguing that he denied knowledge of the statute criminalizing his possession and transport of the child pornography at his plea hearing. According to Dean, the district court's acceptance of the plea under these circumstances imposed strict liability for the offense. That is an incorrect assumption.
Section 2252A is not a strict liability statute. It mandates punishment of anyone who "knowingly ... transports... using any means or facility of ... foreign commerce by any means, including by computer, any child pornography." § 2252A(a)(1) (emphasis added). Thus, the statute does require a guilty state of mind — knowledge. See United States v. X-Citement Video, Inc., 513 U.S. 64, 73-74, 115 S.Ct. 464, 130 L.Ed.2d 372 (1994); Morissette v. United States, 342 U.S. 246, 264, 72 S.Ct. 240, 96 L.Ed. 288 (1952). As the district court properly recognized, § 2252A requires not knowledge of illegality but knowledge that one possessed child pornography while crossing a state or foreign border. See X-Citement Video, 513 U.S. at 78, 115 S.Ct. 464. At his plea hearing, Dean freely admitted both knowing possession of child pornography and knowing transport of that pornography across the Canadian border. That is all conviction requires, see id., so Dean's elocution provided ample factual basis for the district court to conclude that Dean possessed a guilty mental state.
Dean's suggestion that the district court should have read "knowingly" in the statute to apply to his knowledge of illegality, rather than the statutory elements of the crime, is incorrect. Ignorance of the law is no defense. E.g., United States v. Kilgore, 591 F.3d 890, 894 (7th Cir.2010) (noting "it is hornbook law that ignorance of the law is generally no defense" (citing Cheek v. United States, 498 U.S. 192, 199, 111 S.Ct. 604, 112 L.Ed.2d 617 (1991))). Defense counsel himself so recognized at Dean's sentencing hearing: "What I want to say is that all along, Mr. Dean has maintained what [government] counsel herself has articulated, that [Dean] had no understanding of the seriousness of what he was doing, that it was even a crime. Certainly that is not a legal defense. I understand that." Dean offers nothing that compels the Court to swim against this heavy current of long-settled precedent in the Anglo-American criminal justice system.
Ultimately, through his guilty plea, Dean has waived any challenge to the district court's application of the statutory elements to the facts of his case. Even if he had not waived this challenge, Dean's argument fails on the merits.
Dean next attacks his sentence, suggesting that the district court did not adequately consider the § 3553(a) factors when sentencing him. We review a district court's sentencing procedure de novo. United States v. Pape, 601 F.3d 743, 746 (7th Cir.2010). Dean argues procedural error in the district court's failure to "avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct." 18 U.S.C. § 3553(a)(6). He finds this error in comparing his final offense level to the base offense level for conduct that, in Dean's eyes,
Comparing a final offense level to the base offense level of other crimes is not a valid gauge for determining whether a sentence avoids unwarranted disparities.
Dean also attacks the substantive reasonableness of his sentence. We review the substantive reasonableness of a sentence for an abuse of discretion, Pape, 601 F.3d at 746, and find no such abuse here. The district court imposed an 87-month sentence well below the 151- to 188-month Guidelines range. As a below- or within-range sentence, we presume its reasonableness. See Rita v. United States, 551 U.S. 338, 347, 127 S.Ct. 2456, 168 L.Ed.2d 203 (2007). Dean offers nothing to rebut this presumption. True, some judges, including the district judge in this case, feel Guideline 2G2.2 results in artificially high sentences for child pornography possession, receipt or transport.
Finally, Dean argues that the Bureau of Prisons (BOP) has not credited him with time-served in Canada. Dean's judgment and commitment order, however, accurately lists his sentence at 87 months, the sentence the district court identified after having credited Dean for his time served in Canada. Dean offers nothing but his own suspicions to suggest that the BOP intends to incarcerate him longer than the 87-month term of imprisonment stated on that order. Thus, Dean's final challenge to his sentence fails.
For the foregoing reasons, we AFFIRM Dean's guilty plea and sentence.
United States v. Goldberg, 491 F.3d 668, 672 (7th Cir.2007) (citations omitted).