United States Ninth Circuit

A sentence imposed pursuant to a plea bargain to possession of child pornography, wherein the district court deviated from the Sentencing Guidelines and imposed a sentence of five years probation with conditions, is affirmed over the government's challenge to it's reasonableness where: 1) abuse of discretion is the proper standard of review where a party challenges a sentence's substantive reasonableness on appeal but did not object to the sentence's reasonableness before the district court; and 2) the sentence imposed was not an abuse of discretion.

Appellate Information

• Argued 10/20/2008
• Decided 02/13/2009
• Published 02/13/2009

Judges

• Before:  DAVID R. THOMPSON, A. WALLACE TASHIMA, and MILAN D. SMITH, JR., Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Karin J. Immergut and Gregory R. Nyhus, District of Oregon United States Attorney's Office, Portland, OR, for the plaintiff-appellant.


• For Appellees:
  
• Wayne Mackeson, Portland, OR, for the defendant-appellee.