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Home / Opinion Digests / Criminal – Sentencing – ‘Reasonableness’ Presumption – Child Porn Recipient (access required)

Criminal – Sentencing – ‘Reasonableness’ Presumption – Child Porn Recipient (access required)

A middle-aged man with no criminal record and a steady employment history, who expressed remorse and pleaded guilty to receipt of child pornography, has his 210-month, bottom-of-the-guidelines sentence vacated; the 4th Circuit says defendant must be resentenced because the trial court believed its guidelines sentence was presumptively reasonable. Since U.S. v. Booker, 543 U.S. 220 (2005), ...

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