Thursday, June 26, 2014

US v. Shouse, No. 13-30134 (McKeown with Goodwin and Watford).

The Ninth Circuit upheld an aggregate 50-year sentence imposed on a registered sex offender convicted of producing child pornography as reasonable under Booker.  First, the court held that the sentencing judge properly based the Guidelines computation on the enhancement under U.S.S.G. § 2G2.1(b)(4), because it was "undisputed" that the images depicted sadistic, masochistic, or otherwise violent imagery.  Second, the sentencing judge properly exercised his discretion under the Guidelines to make the sentence consecutive to an undischarged state sentence, because the judge's explanation indicated some consideration of the § 3553(a) factors.  See U.S.S.G. § 5C.1.3.  Finally, the sentence was reasonable under Booker because the record made clear that the sentencing judge had considered the reasons the defendant offered for a lower sentence.


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