United States Sixth Circuit

A 70 month sentence for distribution of child pornography is vacated and remanded pursuant to the government's challenge where the sentence was substantively unreasonable within the meaning of Booker because the factors did not justify a radical variance of a sentence roughly one-third the length of the lower end of the Guidelines range.

Appellate Information

• Argued 04/17/2007
• Decided 09/07/2007
• Published 09/07/2007

Judges

• Before: SUHRHEINRICH and GIBBONS, Circuit Judges;  HEYBURN, Chief District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Michael A. Sullivan, ASSISTANT UNITED STATES ATTORNEY, Cleveland, Ohio, for Appellant.  Robert Smith, III, Cleveland, Ohio, for Appellee.   ON BRIEF:  Michael A. Sullivan, ASSISTANT UNITED STATES ATTORNEY, Cleveland, Ohio, for Appellant.  Robert Smith, III, Cleveland, Ohio, for Appellee.