United States Fifth Circuit

On remand from the Supreme Court, sentence of probation for possessing child pornography is affirmed over the government's objections that: 1) the district court's failure to apply enhancements requested by the government was reversible error; 2) consideration of the disparity between defendant's and co-defendant's sentences was plain error; 3) the sentencing guidelines precluded sentencing defendant to probation; and 4) the sentence was substantively unreasonable.

Appellate Information

• Decided 08/19/2008
• Published 08/19/2008

Judges

• BENAVIDES, Circuit Judge:, Before REAVLEY, GARZA and BENAVIDES, 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), Lafayette, LA, for Duhon.