United States Sixth Circuit
U.S. v. Blackie, 072002
Sentence of 42 months for possession of visual depictions of minors engaging in sexually explicit conduct in violation of U.S.C. section 2252(a)(4)(B) and (b)(2) is vacated and remanded where the district court's failure to comply with the requirements of 18 U.S.C. section 3553(c)(2) constituted plain error because the court: 1) did not refer to the applicable Sentencing Guidelines range; and 2) failed to provide its specific reasons for an upward departure or variance at the time of sentencing or in the written judgment order.
Appellate Information
- Decided 11/21/2008
- Published 11/21/2008
Judges
Court
- United States Sixth Circuit