United States Fourth Circuit

In a prosecution of defendant for possession of child pornography, district court's imposition of a sentence of 5 years of probation and an order to pay a $3000 fine is vacated and remanded as the court erred by failing to provide an adequate explanation of why a term of imprisonment is not warranted in light of applicable policy statements.

Appellate Information

• Argued 12/04/2009
• Decided 02/11/2010
• Published 02/11/2010

Judges

• Before SHEDD and DUNCAN, Circuit Judges, and T.S. ELLIS, III, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:Joe Exum, Jr., Office of the United States Attorney, Raleigh, North Carolina, for Appellant. Eric Joseph Brignac, Office of the Federal Public Defender, Raleigh, North Carolina, for Appellee. ON BRIEF:George E.B. Holding, United States Attorney, Anne M. Hayes, Jennifer P. May-Parker, Assistant United States Attorneys, Office of the United States Attorney, Raleigh, North Carolina, for Appellant. Thomas P. McNamara, Federal Public Defender, G. Alan DuBois, Assistant Federal Public Defender, Office of the Federal Public Defender, Raleigh, North Carolina, for Appellee.