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Sixth Circuit rules ? in an unpublished decision! ? that reduced child-porn sentencing is substantively unreasonable

By Douglas A. Berman

A Sixth Circuit panel issued an important and potentially controversial decision today in a child porn case, though the ruling in US v. Harris, No. 07-4175 (6th Cir. July, 27, 2009) (available here), was handed down as an unpublished opinion.  Here is how the opinion starts and ends: David Harris pleaded guilty to possession and distribution of child pornography.  The district court calculated an advisory Guidelines range of 210-262 months for Harris.  The district court sentenced Harris to 84 months in prison with three years of supervised release and mandatory mental health treatment.  For the reasons given below, we vacate the sentence and remand for resentencing.... The bottom line is that the factors the district court relied on, as articulated in the record, do not appear to justify a variance of this size...continue to full post

Full post as published by Sentencing Law and Policy on July 27, 2009 (boomark / email).