United States Third Circuit

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US v. Grober, 09-2120

In a prosecution of defendant for child pornography related crimes, district court's imposition of of a mandatory minimum sentence of five years is affirmed where: 1) the district court adequately addressed the government's arguments regarding the rationale for section 2G2.2; 2) subsequent to sentencing in this case, the Sentencing Commission has issued reports and other courts have issued opinions that support the district court's decision; 3) section 2G2.2 was not developed pursuant to the Sentencing Commission's characteristic institutional role; 4) the district court did not commit any significant procedural error requiring remand as the district court provided a sufficiently compelling justification for not applying the sentencing range recommended by section 2G2.2; and 5) the district court properly recognized that it was statutorily bound to impose a sentence of at least five years imprisonment in this case.

Appellate Information

  • Argued 06/29/2010
  • Decided 10/26/2010
  • Published 10/26/2010


  • <a href="http://pview.findlaw.com/view/2479472_1">BARRY</a>


  • United States Third Circuit


  • For Appellant:
  • <a href="http://pview.findlaw.com/view/3660716_1">George S. Leone</a>, <a href="http://pview.findlaw.com/view/2853617_1">Peter Goldberger</a>