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Criminal Law

: Tenth Circuit Blog

Upward Variance in Child Porn Case Affirmed

By Shari Allison

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U.S. v. Ray, 2009 WL 1133133 (4/28/09) (unpub'd) - The 10th affirms upward variance for transporting child porn from 180-210 months to 270 months because the defendant was a danger to the public, as evidenced by a very bad psychosexual evaluation. The d. ct. adequately considered the defendant's offer to be chemically castrated by explaining its variance grounds, even though the court didn't mention the castration proposal.

Full post as published by Tenth Circuit Blog on May 06, 2009 (boomark / email).

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