United States Fifth Circuit

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US v. Nikonova, 05-31093

The presumption of reasonableness that attaches to a properly calculated guideline sentence is rebutted only where the sentence falls so far afoul of one of the standards in United States v. Smith, 440 F.3d 704 (5th Cir. 2006), as to constitute a clear error in the court's exercise of its broad sentencing discretion. Russian citizen's sentence for possession of child pornography is affirmed where: 1) she had not waived her right to appeal via her plea agreement; but 2) her sentence was reasonable even if a sadistic-images enhancement should not have applied.

Appellate Information

  • Decided 02/26/2007
  • Published 02/27/2007

Judges

  • JERRY E. SMITH, Circuit Judge:, Before SMITH, BENAVIDES and PRADO, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel

  • For Appellant:
  • Catherine M. Maraist (argued), Corey Ross Amundson, Baton Rouge, LA, for U.S., Richard George Crane (argued), Nashville, TN, Hillar C. Moore, III, Law Office of Hillar C. Moore, III, Baton Rouge, LA, for Nikonova.