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: Defense Newsletter Blog

Hall: Upholding 40-Year Child Pornography Sentence

By Tim Cone

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In United States v. Hall, No. 18-14145 (July 21, 2020) (Ed Carnes, Rosenbaum, Vinson (ND Fla)), the Court affirmed the defendant?s 40-year sentence for receiving child pornography, an upward variance from a guideline range of 15 years.First, the Court rejected the defendant?s argument that the sentencing court improperly relied on unreliable hearsay evidence from an earlier sexual abuse case. The Court concluded that the defendant did ?not even come close? to meeting his burden to prove that the evidence was unreliable.Second, the defendant argued that the district court failed to give notice required by Rule 32(h) before imposing an upward departure. The Court rejected that argument because the district court expressly imposed an upward variance (not a departure), for which no notice is required...continue to full post

Full post as published by Defense Newsletter Blog on July 21, 2020 (boomark / email).