Thursday, January 29, 2009

Good Child-Porn Opinion


It’s out-of-circuit and a district court opinion, but United States v. Grober, No. 06–CR–880, 2008 U.S. Dist. LEXIS 103392 (D.N.J. Dec. 22, 2008) (slated for publication), is worth a read if you’ve got a child-pornography case. Guideline 2G2.2 put defendant at level 38; he was in criminal history category I. Range of 235 to 293 months. Court concluded that 2G2.2 is just too flawed to apply. Court imposed mandatory minimum sentence of five years (18 U.S.C. § 2252(b)(1) provides sentencing range of 5 to 20 years). Opinion cites Troy Stabenow’s excellent work (available at fd.org and a must-read!). The opinion provides a lot of raw material if you have a child-porn sentencing.

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