District court’s decision to deviate from a 30-37 month Guideline range down to a sentence of five years probation for a defendant convicted of knowing possession of child pornography is vacated as procedurally and substantively unreasonable where the district court failed to properly consider the 18 U.S.C. section 3553 factors and failed to offer a sufficient justification for its imposition of a sentence so substantially below the applicable Guidelines range.
Read US v. Lychock, No. 06-3311
Appellate Information
On Appeal from the United States District Court for the District of New Jersey (D.C. No. 06-cr-00039-1)District Judge: Honorable Anne E. ThompsonArgued February 5, 2009Opinion Filed August 25, 2009
JudgesBefore: Rendell and Roth, Circuit Judges, and Padova, Senior District JudgeOpinion by Circuit Judge Roth
Counsel
Counsel for Appellant: Sabrina G. Comizzoli, Christopher J. Christie, Caroline A. Sadlowski, Assistant United States Attorney, George S. Leone, Chief, Appeals Division Office of the United States Attorney
Counsel for Appellee: Paul B. Brickfield
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
Civil Rights
Block on Trump’s Asylum Ban Upheld by Supreme Court
Criminal
Judges Can Release Secret Grand Jury Records
Politicians Can’t Block Voters on Facebook, Court Rules
