The U.S. Court of Appeals for the Sixth Circuit affirmed a maximum prison sentence of 600 months for Eric Kelsey Shepherd, who pleaded guilty to federal charges of enticing a minor to participate in sexually explicit visual depictions. The decision, filed Jan. 15, 2026, rejected Shepherd's arguments that the district court made procedural errors in calculating his sentencing guidelines and in refusing to run his sentence concurrent with anticipated state charges.
Shepherd received the statutory maximum sentence of 50 years' imprisonment from the U.S. District Court for the Eastern District of Kentucky. On appeal, he argued that the district court procedurally erred in calculating his advisory Sentencing Guidelines range and by failing to run his sentence concurrent with an anticipated sentence in a related case in state court.
The case originated in January 2022 when a school official reported to the Lexington Police Department that an adult male was engaging in sexual acts with a 12-year-old student. Through investigation, police identified the suspect as Shepherd and discovered that he had recorded the sexual acts, which were described in court documents as violent at times.
During the investigation, officers learned that Shepherd had misrepresented his age to the victim, telling the child that he was 17 years old when he was actually 27. This age deception was a key factor in the prosecution's case, as it demonstrated deliberate manipulation of the minor victim.
Law enforcement officers obtained and executed a search warrant at Shepherd's residence, leading to the seizure of his cell phone. The device contained sexually explicit images that formed part of the evidence against him. The discovery of this digital evidence strengthened the federal case and supported the charges of enticing a minor to participate in the production of sexually explicit visual depictions.
Shepherd ultimately pleaded guilty to the federal charges, acknowledging his criminal conduct. However, he later appealed his sentence, challenging both the calculation of his sentencing guidelines and the court's decision not to order concurrent sentencing with anticipated state charges.
In his appeal, Shepherd argued that the district court made procedural errors in determining his advisory Sentencing Guidelines range. The Sentencing Guidelines provide federal judges with recommended sentence ranges based on various factors including the severity of the offense and the defendant's criminal history. Shepherd contended that the district court incorrectly calculated these guidelines, which could have affected his ultimate sentence.
Shepherd also requested that his federal sentence run concurrently with an anticipated sentence in a related state court case. Concurrent sentences would allow him to serve both sentences simultaneously, effectively reducing his total time in custody. However, the district court declined to order concurrent sentencing, and this decision became part of his appeal.
The Sixth Circuit panel, composed of Circuit Judges Cole, Mathis, and Hermandorfer, reviewed both of Shepherd's arguments and found them without merit. Judge Mathis wrote the opinion affirming the district court's sentencing decision in all respects.
The appellate court's affirmance of the maximum sentence reflects the serious nature of child exploitation crimes and the federal justice system's commitment to protecting minors from sexual predators. Federal law provides severe penalties for those who entice, coerce, or persuade minors to engage in sexually explicit conduct for the purpose of producing visual depictions of such conduct.
The statutory maximum sentence of 600 months demonstrates Congress's recognition of the lasting harm caused by these crimes. Child exploitation offenses not only cause immediate trauma to victims but can have long-lasting psychological and emotional effects that persist into adulthood.
Federal prosecutors often pursue these cases aggressively, particularly when they involve young victims and evidence of manipulation or deception. The age difference between Shepherd and his victim, combined with his deliberate misrepresentation of his age, likely contributed to the court's decision to impose the maximum penalty available under federal law.
The case also highlights the important role of school officials and other mandated reporters in identifying and reporting suspected child abuse. The school official's report to police initiated the investigation that ultimately led to Shepherd's prosecution and conviction.
The Sixth Circuit's decision is marked as "not recommended for publication," meaning it will not serve as binding precedent for future cases. However, the affirmance sends a clear message about the federal courts' approach to sentencing in child exploitation cases.
Shepherd will serve his sentence in federal prison, where he will be required to serve approximately 85% of his term before becoming eligible for release. The lengthy sentence ensures that he will be removed from society for decades, preventing him from harming other children during that period.