United States Eighth Circuit

Sentence for possession of child pornography is affirmed where: 1) district court did not commit Rita error, as its explanation of its findings of fact with respect to the 18 U.S.C. sec. 3553(a) factors and its sentencing decision was sufficient; 2) the court did not commit a Gall error as it made an individualized assessment of the case; and 3) the court did not abuse its discretion in denying defendant's request for a downward variance based on his argument that the guidelines for sex crimes involving children do not exemplify the Sentencing Commission's characteristic institutional role.

Appellate Information

• Decided 04/27/2009
• Published 04/27/2009

Judges

• KAYS, District Judge., Before MURPHY and SMITH, Circuit Judges, and KAYS, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Angela Lorene Pitts, AFPD, Fayetteville, AR, for appellant.


• For Appellees:
  
• Marsha Wardlaw Clevenger, AUSA, Little Rock, AR, for appellee.