United States Ninth Circuit

Defendant's child pornography sentence is affirmed where: 1) defendant's enhanced sentence was a clear example of a "variance" from, and not a "departure" within, the Sentencing Guidelines scheme; and 2) the district court properly considered a wide variety of information at sentencing that could not otherwise be considered at trial.

Appellate Information

• Argued 01/23/2009
• Decided 08/06/2009
• Published 08/06/2009

Judges

• TALLMAN, Circuit Judge:, Before ROBERT R. BEEZER, RICHARD C. TALLMAN, and MILAN D. SMITH, JR., Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Paula Semmes Deutsch (argued), Corey Endo, Federal Public Defender's Office, Seattle, WA, for defendant-appellant Jared Vanderwerfhorst., Vincent T. Lombardi (argued), Jeffrey C. Sullivan, Office of the United States Attorney, Seattle, WA, for plaintiff-appellee United States of America.