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.
- Decided 08/20/2007
- Published 08/21/2007
- E. GRADY JOLLY, Circuit Judge:, Before JOLLY, CLEMENT and OWEN, Circuit Judges.
- United States Fifth Circuit
- 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.