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Ninth Circuit affirms above-guideline child porn sentence over various objections

By Douglas A. Berman

The Ninth Circuit today affirms an above-guideline sentence today in US v. Vanderwerfhorst,, No. 07-30336 (9th Cir. Aug. 6, 2009) (available here).  The substantive result here is not too surprising because the defendant, despite having a name with Fletch qualities, seems like a pretty bad dude.  But the Ninth Circuit covers a lot of notable sentencing law in a short space, and here is how the opinion starts: We are once again asked to review the sentencing procedure where the underlying crime itself is not at issue. Jared Vanderwerfhorst, a convicted sex offender, pled guilty to one count of possession of child pornography, in violation of 18 U.S.C. § 2252(a)(4)(B) and (b)(2).  On appeal, he contends that the district court violated the notice requirement of Federal Rule of Criminal Procedure 32(h) when the court imposed a sentence above the advisory range set forth by the U...continue to full post

Full post as published by Sentencing Law and Policy on August 06, 2009 (boomark / email).