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Pugh: Five Years Probation Unreasonable for Child Pornography Possessor

By Tim Cone

In U.S. v. Pugh, No. 07-10183 (Jan. 31, 2008), in its first sentencing decision applying the Supreme Court?s recent Gall and Kimbrough holdings, the Court held that the district abused its discretionary by imposing a probationary sentence on a defendant convicted of possession of images of child pornography.Despite a low-end recommended guideline range of 97 months, and supervised release, the district court sentenced Pugh to five years probation. The district court held two sentencing hearings, and concluded that Pugh had a low-risk of recidivism.The Court faulted the sentencing court for relying on only one § 3553(a) sentencing factor ? the history and characteristics of the defendant -- which suggested an unreasonable sentence because of the failure to consider "all" of the § 3553(a) factors...continue to full post

Full post as published by Defense Newsletter Blog on February 01, 2008 (boomark / email).