United States Ninth Circuit

An eight-level downward sentence departure was not an abuse of discretion where defendant's conduct was "outside the heartland" of possession of child pornography (because he did not affirmatively download the files on his computer), and defendant would be highly susceptible to abuse in prison.

Appellate Information

• Argued 02/08/2002
• Decided 10/18/2002
• Published 10/18/2002

Judges

• Before CANBY, KLEINFELD, and GRABER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Marsha Good Sept, Assistant United States Attorney, Billings, MT, for the plaintiff-appellant.


• For Appellees:
  
• John P. Rhodes, Assistant Federal Defender, Missoula, MT, for the defendant-appellee.