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Third Circuit issues big opinion finding child porn sentence unreasonable

By Douglas A. Berman

The Third Circuit has a major new sentencing decision today in a child porn case.  The decision in US v. Olhovsky, No. 07-1642 (3d Cir. April 16, 2009) (available here), runs 73 pages, but its first paragraph is brief and provides an effective summary of the ruling: Nicolau Olhovsky appeals the sentence of six years imprisonment that was imposed after he pled guilty to possessing child pornography, in violation of 18 U.S.C. § 2252A(a)(5)(B). He argues both that the sentence is unreasonable and that the sentencing court erred as a matter of law in refusing to allow his treating psychologist to testify at the sentencing hearing. For the reasons that follow, we agree. Accordingly, we will remand for resentencing. UPDATE:  I found the time late this evening to make it all the way through the Olhovsky opinion...continue to full post

Full post as published by Sentencing Law and Policy on April 16, 2009 (boomark / email).