United States Fifth Circuit

On remand from the Supreme Court of the United States, a 60-month sentence of supervised release following a conviction for possession of child pornography is affirmed where: 1) defendant's sentence is a non-Guideline sentence since it falls outside the applicable range and was not based on an allowed departure; but 2) in light of the deferential standard set forth in Gall, there was no significant procedural error in the sentencing decision.

Appellate Information

• Decided 06/04/2008
• Published 06/04/2008

Judges

• EMILIO M. GARZA, Circuit Judge:, Before JOLLY, GARZA and PRADO, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Camille Ann Domingue, Asst. U.S. Atty. (argued), Lafayette, LA, for U.S., Rebecca L. Hudsmith, Fed. Pub. Def. (argued), Joseph R. Streva, Jr., Lafayette, LA, for Rowan.