Skip to content

Child Pornography Sentence Improper Because Judge Treated Guidelines As Binding

Child Pornography is considered one of the serious crimes in sentencing. Roy Perry was sentenced to 151 months for receipt of child pornography. At sentencing, the court stated “I'm probably going to give him a Guideline sentence because it would be really an act of, I don't know what you call it, defiance, maybe not, to give him a variant sentence.” The Court also stated that a variance be fair under 18 U.S.C. 3553, but “given the case law and the Sentencing Guidelines, I have to sentence him to the low end of the Guidelines of 151-months.” The Fourth Circuit reversed and remanded for resentencing, holding that the district judge had impermissibly treated the Guidelines as binding. “Taken together, the district court's statement that it had to sentence Perry to a Guidelines sentence, its suggestion that it might be defiant if it did otherwise, and its indication that a variant sentence was warranted based on the  3553(a) factors, support Perry's view that the district court accorded too much weight to the Guidelines.” United States v. Perry, No. 15-4260 (Mem) (4th Cir. 2017).

About Brandon Sample

Brandon Sample is an attorney, author, and criminal justice reform activist. Brandon’s law practice is focused on federal criminal defense, federal appeals, federal post-conviction relief, federal civil rights litigation, federal administrative law, and the Freedom of Information Act (FOIA).

Leave a Comment





Recommended for you

Federal Halfway House – Everything You Need To Know

Over the past several weeks, I have received numerous e-mails and calls from different individuals concerning federal halfway house placements that have been reduced significantly—or denied entirely—by the Federal Bureau of Prisons (“BOP”). What is going on? A variety of things, it seems. I.  Federal Halfway House – A Brief Overview The BOP has long…

The First Step Act Bill Summary Explained : A Comprehensive Analysis

The First Step Act 2018 Bill Summary: On December 21, 2018, the President signed into law The First Step Act 2018, a bipartisan effort to reform the federal criminal justice system. The Law Office of Brandon Sample has assembled this detailed analysis of the First Step Act 2018 to help the public understand the ins…

Sentencing Reform And Federal Prison News – January 2018

We are a week into 2018 and there is much buzz about what lies ahead in the year from the courts, Congress, and the U.S. Sentencing Commission for federal prison and sentencing reform. Here’s a summary of some of the highlights. (a) Congress – Sentencing Reform Different bills remain under consideration, but none have yet…

Scroll To Top