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By Shari Allison

U.S v. Regan, 2010 WL 5191328 (12/23/10) (Published) - The 10th describes the argument that the child porn guidelines are not empirically based or rational as "quite forceful," but proceeds to ignore it. Even though only a substantial reasonableness argument was made on appeal, the 10th refused to consider the absurdity of the child porn guidelines because it thought that feature of the guidelines had not been presented below. Given the number and kind of images involved, the usual stuff about encouraging the making of child porn, and the trial court's usual formulaic pronouncement of "careful consideration" of whatever arguments had been made, the bottom-of-the-guideline range sentence of 97 months was reasonable, whether or not a presumption is owed guidelines that are not empirically based...continue to full post

Full post as published by Tenth Circuit Blog on January 05, 2011 (boomark / email).