United States Fourth Circuit

Defendant's child pornography sentence is vacated where the district court improperly applied a presumption of reasonableness to defendant's Sentencing Guidelines sentencing range.

Appellate Information

• Decided 08/10/2009
• Published 08/10/2009

Judges

• Before NIEMEYER and MICHAEL, Circuit Judges, and FREDERICK P. STAMP, Jr., Senior United States District Judge for the Northern District of West Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Jonathan D. Byrne, Office of the Federal Public Defender, Charleston, West Virginia, for Appellant.  Louise Anna Forbes, Office of the United States Attorney, Charleston, West Virginia, for Appellee.   ON BRIEF:  Mary Lou Newberger, Federal Public Defender, George H. Lancaster, Jr., Assistant Federal Public Defender, Office of the Federal Public Defender, Charleston, West Virginia, for Appellant.  Charles T. Miller, United States Attorney, Charleston, West Virginia, for Appellee.