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Criminal Law

: Sentencing Law and Policy

More examples of sentencing uncertainty surrounding federal child porn cases

By Douglas A. Berman

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Regular readers may recall some of my recent posts discussing my observations of an extraordinary amount of variation in charging, bargaining and sentencing realities in federal child porn downloading cases.  Two more notable examples came across my desk just today: In US v. Toothman, No. 07-3729 (8th Cir. Oct. 3, 2008) (available here), a panel rejects an Arkansas defendant's appeal of his within-guidline sentence of more than eight years imprisonment following his plea of guilty to one count of knowing receipt of child pornography.  The defendant complained on appeal about the district court's failure to give him any break for his extraordinary physical impairment and extreme susceptibility to abuse in prison, but the circuit court decided the sentence was reasonableness...continue to full post

Full post as published by Sentencing Law and Policy on October 03, 2008 (boomark / email).

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