Read US v. Smart, 06-6120

A sentence for inducing a minor to engage in sexually explicit conduct for the purpose of producing videotapes depicting such conduct is affirmed over the government's challenge where: 1) the district court relied on no improper factors at sentencing; and 2) applying the appropriate legal standard of review provided by recent Supreme Court precedent and crediting the district court's reasoned consideration of the multiple sentencing factors, there was no abuse of discretion in sentencing defendant to a below-Guidelines sentence.

Appellate Information

• Decided 03/04/2008
• Published 03/05/2008

Judges

• LUCERO, Circuit Judge., Before HENRY, LUCERO, and HARTZ, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Randal A. Sengel, Office of the United States Attorney, Oklahoma City, Oklahoma (John C. Richter, United States Attorney, with him on the briefs), for the Plaintiff-Appellant.


• For Appellees:
  
• Fred L. Staggs, Oklahoma City, Oklahoma, for the Defendant-Appellee.