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Reasonableness Review in Child Porn Case

By Corey Rayburnyung

Berman continues his coverage of some of the oddities of child pornography sentencing. This time, he refers to the Sixth Circuit's reasonableness review in U.S. v. Blackie:The district court?s failure to comply with the requirements of 18 U.S.C. § 3553(c)(2) constitutes error. Given the clarity of § 3553(c)(2), the district court plainly erred when it did not refer to the applicable Guidelines range and failed to provide its specific reasons for an upward departure or variance at the time of sentencing or in the written judgment and commitment order. See United States v. Hayes, 171 F.3d 389, 392 (6th Cir. 1990) (finding that an error is plain when it is ?clear? or ?obvious?); United States v. Gore, 298 F.3d 322, 325 (5th Cir. 2002) (finding that ?the text of [§3553(c)(2)] (?in open court?) leaves no doubt that although [the district court] did issue written reasons, the district court committed error that is plain by failing to explain the reasons for the departure?).continue to full post

Full post as published by Sex Crimes on November 24, 2008 (boomark / email).