United States Fourth Circuit

Conviction and sentence based on guilty plea to possessing photographs that contained images of child pornography are affirmed over prosecution's claims that: 1) in imposing a 42-month sentence, the district court did not offer compelling reasons justifying the substantial variance from the advisory Guidelines range of 78 to 97 months' imprisonment; and 2) the sentence must be vacated because the district court placed excessive weight on one of the 18 U.S.C. section 3553(a) factors.

Appellate Information

• Argued 12/05/2007
• Decided 12/28/2007
• Published 12/28/2007

Judges

• Before WILLIAMS, Chief Judge, MOTZ, Circuit Judge, and HAMILTON, Senior Circuit Judge.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Robert Booth Goodwin, II, Assistant United States Attorney, Office of the United States Attorney, Charleston, West Virginia, for Appellant.  Benjamin Lee Bailey, Bailey & Glasser, L.L.P., Charleston, West Virginia, for Appellee.   ON BRIEF:  Charles T. Miller, United States Attorney, Charleston, West Virginia, for Appellant.  Eric B. Snyder, Deirdre H. Purdy, Bailey & Glasser, L.L.P., Charleston, West Virginia, for Appellee.