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Seventh Circuit notes, but dodges, attacks on federal child porn guidelines

By Douglas A. Berman

In a new per curiam ruling in US v. Huffstatler, No. 08-2622 (7th Cir. April 6, 2009) (available here), a Seventh Circuit panel discusses the attacks being made on federal child porn guidelines in the course of affirming an above-guideline sentence.  Here is part of the discussion: Huffstatler correctly submits that the child-pornography sentencing guidelines, U.S.S.G. §§ 2G2.1-.2, like the drug guidelines at issue in Kimbrough v. United States, 128 S. Ct. 558 (2007), are atypical in that they were not based on the Sentencing Commission?s nationwide empirical study of criminal sentencing.... Furthermore, since it was the Commission?s failure to exercise its ?characteristic institutional role? that persuaded the Supreme Court that district courts possess the discretion to sentence below the crack guidelines based on policy disagreements, see Kimbrough, 128 S...continue to full post

Full post as published by Sentencing Law and Policy on April 07, 2009 (boomark / email).