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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