United States Third Circuit

District court's decision to deviate from a 30-37 month Guideline range down to a sentence of five years probation for a defendant convicted of knowing possession of child pornography is vacated as procedurally and substantively unreasonable where the district court failed to properly consider the 18 U.S.C. section 3553 factors and failed to offer a sufficient justification for its imposition of a sentence so substantially below the applicable Guidelines range.

Appellate Information

• Argued 02/05/2009
• Decided 08/25/2009
• Published 08/25/2009

Judges

• Before RENDELL and ROTH, Circuit Judges and PADOVA , Senior District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Sabrina G. Comizzoli, Esquire, Christopher J. Christie, Esquire, Caroline A. Sadlowski, Esquire, (Argued), Assistant United States Attorney, George S. Leone, Esquire, Chief, Appeals Division, Office of the United States Attorney, Newark, NJ, for Appellant.


• For Appellees:
  
• Paul B. Brickfield, Esquire, (Argued), Brickfield & Donahue, River Edge, NJ, for Appellee.