United States Tenth Circuit

It was per se unreasonable for the district court, without explanation, to have granted defendant an eight-level downward departure as if he were similarly situated to a defendant who had merely possessed child pornography but not distributed it.

Appellate Information

• Decided 03/30/2004
• Published 03/30/2004

Judges

• McKAY, Circuit Judge., Before SEYMOUR, McKAY, and O'BRIEN, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Richard A. Friedman,Appellate Section, Criminal Division, United States Department of Justice, Washington, DC (Eric F. Melgren, United States Attorney for the District of Kansas;  Nancy Landis Caplinger and Alan G. Metzger, Assistant United States Attorneys for the District of Kansas, Wichita, KS, with him on the briefs), for Plaintiff-Appellant.


• For Appellees:
  
• Stephen M. Joseph of Joseph & Hollander, P.A., Wichita, KS, for Defendant-Appellee.