United States First Circuit

Sentence for knowingly transporting and shipping child pornography in interstate or foreign commerce is affirmed where: 1) the district court did not commit procedural error in sentencing defendant as the record shows the court understood its discretion under Kimbrough and chose not to use its Kimbrough power in sentencing defendant; and 2) defendant's sentence is not unreasonable as it is based on a plausible rationale and represents a defensible result.

Appellate Information

• Decided 08/05/2009
• Published 08/05/2009

Judges

• TORRUELLA, Circuit Judge., Before TORRUELLA, and SELYA, Circuit Judges, and TASHIMA, Senior Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Charles W. Rankin, with whom Jonathan Harwell, Kerry Haberlin, and Rankin & Sultan, were on brief for appellant.


• For Appellees:
  
• Mysti Dawn Degani, Criminal Division, Appellate Section, with whom Paula D. Silsby, United States Attorney, and F. Todd Lowell, Assistant United States Attorney, were on brief for appellee.