United States Sixth Circuit

District court's re-sentencing of defendant, convicted of possessing child pornography, to five days in prison and fifteen years of supervised release, from his original sentence of 57 months in prison, is vacated and remanded where: 1) the district court abused its discretion in weighing several factors so heavily in favor of mitigation; 2) the sentence was substantively unreasonable for failing to provide enough reasoning of the section 3553(a) factors to provide for meaningful appellate review; 3) the complete lack of explanation for the drastic change in the sentence is unreasonable; and 4) the case is to be assigned to a different judge for re-sentencing.

Appellate Information

• Argued 06/11/2010
• Decided 06/22/2010
• Published 06/22/2010

Judges

• Before MARTIN and GRIFFIN, Circuit Judges; DUGGAN, District Judge .

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:Benjamin C. Glassman, Assistant United States Attorney, Cincinnati, Ohio, for Appellant. C. Ransom Hudson, Law Office, Cincinnati, Ohio, for Appellee. ON BRIEF:Benjamin C. Glassman, Assistant United States Attorney, Cincinnati, Ohio, for Appellant. C. Ransom Hudson, Law Office, Cincinnati, Ohio, for Appellee.