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).
Recommended for you
Career Offender Enhancement Cannot Be Based On Texas Possession With Intent To Distribute Conviction
United States v. Tanksley – Career Offender Enhancement : Dantana Tanksley was previously convicted in Texas under Section 481.112(a) of the Texas controlled substances act of possessing with intent to distribute a controlled substance. He was later enhanced as a career offender under federal sentencing guidelines. Under the federal sentencing guidelines, an individual can be…
Attorney Abandonment Claim Remanded For A Hearing
Mark Christeson filed a motion to re-open his habeas proceedings under Rule 60(b) arguing that his attorney’s failure to timely submit his 28 U.S.C. § 2254 petition (used by state prisoners but similar to a 2255) constituted attorney abandonment. The abandonment issue was key to resolving whether “extraordinary circumstances” existed to warrant granting Rule 60…
Oregon Drug Delivery Conviction Not A Federal “Controlled Substance Offense” For Career Offender Purposes
Oregon drug delivery conviction under Oregon Revised Statutes 475.992(1)(a) is not a “controlled substance offense” under federal law, according to the Ninth Circuit. Sandoval v. Yates, No. 13-71784 (9th Cir. 2017). This is an important case for criminal defendants because of its impact on individuals with career offender enhancements. The court held that Oregon drug delivery…