United States Sixth Circuit

District court's sentencing of a defendant convicted of possession of child pornography to one day of incarceration and a ten-year period of supervised release is affirmed as the government at sentencing put forward almost no evidence for why a sentence within the Guidelines was warranted and did not raise the argument it now raised on appeal, and the district court's explanation for the extent of its downward variance was sufficient in light of the record made before it.

Appellate Information

• Argued 08/05/2009
• Decided 09/11/2009
• Published 09/11/2009

Judges

• Before BOGGS, ROGERS, and WHITE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:Benjamin C. Glassman, Assistant United States Attorney, Cincinnati, Ohio, for Appellant. Scott Aaron Rubenstein, Rubenstein & Thurman, L.P.A. Inc., Cincinnati, Ohio, for Appellee. ON BRIEF:Benjamin C. Glassman, Assistant United States Attorney, Cincinnati, Ohio, for Appellant. Scott Aaron Rubenstein, Rubenstein & Thurman, L.P.A. Inc, Cincinnati, Ohio, for Appellee.