United States Fourth Circuit

33-month sentence after guilty plea to possession of child pornography, with district court treating 18 U.S.C. section 3553(b)(2) as mandatory, is vacated as section 3553(b)(2) violates the rationale of Booker.

Appellate Information

• Decided 12/04/2006
• Published 12/04/2006

Judges

• Before WILLIAMS and KING, Circuit Judges, and JAMES C. DEVER III, United States District Judge for the Eastern District of North Carolina, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Clarence Rauch Wise, Greenwood, South Carolina, for Appellant.  Maxwell Barnes Cauthen, III, Office of the United States Attorney, Greenville, South Carolina, for Appellee.   ON BRIEF:  Jonathan S. Gasser, United States Attorney, Greenville, South Carolina, for Appellee.