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United States First Circuit


US v. Goergen, 11-1092

A 60-year sentence for sexual exploitation of children is affirmed, where: 1) if the guidelines instructions violated the Ex Post Facto Clause insofar as they authorized use of level 51, any such mistake was harmless error, since the judge focused on the life sentence recommendation and not the raw guideline number underpinning it; 2) there was no clear error in the district judge's evaluation of the risk of recidivism; and 3) the sentence was not substantively unreasonable, as there was no mistaken legal or factual premise, faulty analysis, or unreasonable result.

Appellate Information

  • Decided 06/01/2012
  • Published 06/01/2012

Judges

  • Boudin

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • Bjorn Lange, Seth R. Aframe

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