United States Ninth Circuit

After convictions for possession and distribution of child pornography, a downward departure under the U.S.S.G. was an abuse of discretion where the district court relied on prohibited, discouraged, and inadequately explained factors in finding that defendant was not in the "heartland" of the offenses.

Appellate Information

• Decided 12/06/2002
• Published 12/06/2002

Judges

• GOULD, Circuit Judge:, Before BEEZER, GOULD, and BERZON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• William W. Mercer, United States Attorney, and Marcia Good Sept, Assistant U.S. Attorney, Billings, MT, for plaintiff-appellant United States of America.


• For Appellees:
  
• Wendy Holton, Attorney at Law, Helena, MT, for defendant-appellee Aaron Thompson.