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Split Ninth Circuit panel affirms below-guideline probation sentence as reasonable

By Douglas A. Berman

Federal defense practitioners on the West Coast will be pleased to see the Ninth Circuit's latest reasonableness ruling today in US v. Whitehead, No. 05-50458 (9th Cir. July 14, 2008) (available here).  Here is how the short per curiam opinion starts: Thomas Michael Whitehead sold over $1 million worth of counterfeit ?access cards? that allowed his customers to access DirecTV?s digital satellite feed without paying for it. The jury convicted him of breaking various federal laws, including the Digital Millennium Copyright Act, which forbids the sale of devices that are designed to ?circumvent[ ] a technological measure? that protects copyrighted works. 17 U.S.C. § 1201(a)(2)(A). The district court calculated a Guidelines range of 41 to 51 months, but imposed a more lenient sentence of probation, community service and restitution...continue to full post

Full post as published by Sentencing Law and Policy on July 14, 2008 (boomark / email).