United States Seventh Circuit
US v. Rodgers, 09-3364
In a prosecution of a defendant for possession of child pornography, district court's imposition of a 78-month sentence is affirmed where: 1) now that the guidelines are advisory, a district court may vary from the guidelines when it concludes that they do not reflect "empirical data and national experience"; 2) defendant's claim that the sentencing enhancement for sadistic or masochistic conduct or other depictions of violence impermissibly double counts conduct already taken into account by the base offense level for possessing child pornography is rejected as the application of section 2G2.2(b)(4) properly took into account aggravating circumstances, not the base offense conduct; and 3) having waived a challenge to the factual basis of the PSR, defendant cannot now seek to invalidate his sentence for lack of evidentiary support.
Appellate Information
- Argued 04/02/2010
- Decided 07/09/2010
- Published 07/09/2010
Judges
Court
- United States Seventh Circuit