A former Rockvale man will spend four years in federal prison and then face deportation for possessing child pornography.

U.S. District Judge Susan Watters on Wednesday sentenced Christopher Ralph Marquis, 68, now of St. George, Utah, to the term, which is less than the guideline range of 57 months to 71 months.

Watters said that while Marquis had no criminal history, when he completes his prison sentence he will face deportation to Canada, where he is a citizen.

Watters said she would have considered a shorter prison sentence and a longer period of supervised release if Marquis did not face deportation.

Supervised release will not take effect unless Marquis returns to the United States, she said.

The judge also said she didn’t think Marquis fully “appreciated the criminality” of the crime.

Marquis told the judge he never “molested any child.”

Watters also followed a defense recommendation to not enhance the guideline range because Marquis used a computer to commit the crime.

The judge said she disagrees with sentencing policy that enhances a child porn sentence when computers are used in the crime. “Anymore, that’s just silly. It’s almost like the exception has swallowed the rule,” she said.

Defense attorney Vern Woodward had argued that virtually all child pornography cases involve using computers and that the enhancement “makes no sense.”

Watters, however, said she agreed with other policy enhancements that lengthen a sentence based on the number of images involved and whether the images are sadistic and are of prepubescent children.

Woodward recommended an 18-month sentence saying Marquis had no criminal record, did not share his images and was unlikely to reoffend because of his age.

Assistant U.S. Attorney Paulette Stewart recommended a sentence at the low end of the original range, which was 70 months to 87 months.

Marquis pleaded guilty in January to possessing child porn. He was charged after he contacted a computer repairman in August 2014 to look at his malfunctioning laptop. The repairman found child porn images on the computer’s hard drive and contacted law enforcement.

Marquis admitted to law enforcement agents the computer and a storage device belonged to him and consented to a search. Watters said there were 320 images and three videos.

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Federal court and county reporter for The Billings Gazette.