United States Tenth Circuit

A downward sentence departure, after a conviction for possession of child pornography, was improper where 1) the court failed to apply any reasonable methodology hitched to the U.S.S.G., and 2) determination to impose a non-incarceration sentence was predicated on impermissible factors already accounted for in the U.S.S.G.

Appellate Information

• Decided 07/09/2002
• Published 07/09/2002

Judges

• EBEL, Circuit Judge., Before EBEL, Circuit Judge, McWILLIAMS, Senior Circuit Judge, and HENRY, Circuit Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Richard A. Friedman, Attorney, Appellate Section, Criminal Division, Department of Justice, Washington, D.C. (Thomas Scott Woodward, United States Attorney, and Susan K. Morgan, Assistant United States Attorney, Northern District of Oklahoma, Tulsa, OK, with him on the briefs), for Plaintiff-Appellant.


• For Appellees:
  
• Robert Nigh, Jr. (Clark O. Brewster with him on the brief), Tulsa, OK, for Defendant-Appellee.