Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

Post- Booker Leniency in Child Pornography Sentencing

Post- Booker Leniency in Child Pornography Sentencing As a number of commentators and courts have noted, the Guideline sentences for possession of child pornography are quite harsh. A number of district courts have used their post- Booker discretion to impose below-Guideline sentences on those who possess child pornography. This short commentary explains how the state of federal sentencing after Booker is particularly hospitable to arguments for sentencing leniency for defendants convicted of possessing child pornography. One argument calls on a district court to use its sentencing policy discretion under Kimbrough v. United States to impose a lower sentence. Another argument rests on a distinct-facts-and-circumstances argument under Gall v. United States . Finally, on an appeal of a within-Guideline sentence, there is an argument that, drawing on the analysis in Rita v. United States , a presumption of reasonableness ought not apply to within-Guideline sentences for those who possess child pornography. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Federal Sentencing Reporter University of California Press

Post- Booker Leniency in Child Pornography Sentencing

Federal Sentencing Reporter , Volume 24 (2) – Dec 1, 2011

Loading next page...
 
/lp/university-of-california-press/post-booker-leniency-in-child-pornography-sentencing-Z05lB26KVC

References (1)

Publisher
University of California Press
Copyright
Copyright © by the University of California Press
Subject
Articles
ISSN
1053-9867
eISSN
1533-8363
DOI
10.1525/fsr.2011.24.2.87
Publisher site
See Article on Publisher Site

Abstract

As a number of commentators and courts have noted, the Guideline sentences for possession of child pornography are quite harsh. A number of district courts have used their post- Booker discretion to impose below-Guideline sentences on those who possess child pornography. This short commentary explains how the state of federal sentencing after Booker is particularly hospitable to arguments for sentencing leniency for defendants convicted of possessing child pornography. One argument calls on a district court to use its sentencing policy discretion under Kimbrough v. United States to impose a lower sentence. Another argument rests on a distinct-facts-and-circumstances argument under Gall v. United States . Finally, on an appeal of a within-Guideline sentence, there is an argument that, drawing on the analysis in Rita v. United States , a presumption of reasonableness ought not apply to within-Guideline sentences for those who possess child pornography.

Journal

Federal Sentencing ReporterUniversity of California Press

Published: Dec 1, 2011

Keywords: sentencing discretion Kimbrough Rita Gall sex offenses

There are no references for this article.