MEMPHIS, Tenn. – A three-judge panel of the U.S. Court of Appeals for the Sixth Circuit has determined that an 84-year-old man who was convicted last year to knowingly possessing and attempting to possess child pornography, should serve a year in jail rather than remain free under probation.

Despite William Holmes Edmiston’s age, the court agreed with U.S. Dist. Judge Bernice Donald, who had denied probation to Edmiston after his conviction, saying that some prison time was necessary because of the serious nature of the crime, the violent depiction of the child pornography and the need to send a strong message of deterrence not only to Edmiston but to society at large.

The sppeals court agreed and also said that the 12-month sentence was far less than the 4-5 years Edmiston could have received under federal guidelines.