United States Fifth Circuit

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US v. Willingham, 06-11160

A sentence for possession of child pornography is vacated and remanded for resentencing as the sentence was unreasonable, because the district court erred in departing downward based on a conclusion that imposing a Guidelines sentence would create an unwarranted disparity between the defendant's sentence and the national average for sentences under the same Guidelines section.

Appellate Information

  • Decided 08/20/2007
  • Published 08/21/2007

Judges

  • E. GRADY JOLLY, Circuit Judge:, Before JOLLY, CLEMENT and OWEN, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel

  • For Appellant:
  • Susan B. Cowger (argued), Aisha Saleem, Dallas, TX, for Plaintiff-Appellant.

  • For Appellees:
  • R.H. Wallace, Jr. (argued), Shannon, Gracey, Ratliff & Miller, Fort Worth, TX, for Defendant-Appellee.
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