United States Eighth Circuit

Defendant's child pornography sentence is affirmed where: 1) although the district court committed Gall error by requiring extraordinary circumstances to justify the requested non-Guidelines sentence, defendant failed to establish a reasonable probability that he would have received a lower sentence absent the error; and 2) the sentence was not outside the range of choice dictated by the facts of the case.

Appellate Information

• Decided 11/16/2009
• Published 11/16/2009

Judges

• PER CURIAM., Before GRUENDER, BALDOCK, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Kent A. Simmons, argued, Davenport, IA, for Appellant.


• For Appellees:
  
• Shannon Leigh Olson, AUSA, argued, Des Moines, IA, for Appellee.