Abstract

http://ssrn.com/abstract=1947386
 


 



Post-Booker Leniency in Child Pornography Sentencing


Carissa Byrne Hessick


University of Utah - S.J. Quinney College of Law

October 21, 2011

Federal Sentencing Reporter, Vol. 24, No. 2, December 2011
University of Utah College of Law Research Paper No. 36

Abstract:     
As a number of commentators and courts have noted, the Guideline sentences for possession of child pornography are quite harsh. A number of district courts have used their post-Booker discretion to impose below-Guideline sentences on those who possess child pornography.

This short commentary explains how the state of federal sentencing after Booker is particularly hospitable to arguments for sentencing leniency for defendants convicted of possessing child pornography. One argument calls on a district court to use its sentencing policy discretion under Kimbrough v. United States to impose a lower sentence. Another argument rests on a distinct-facts-and-circumstances argument under Gall v. United States. Finally, on an appeal of a within-Guideline sentence, there is an argument that, drawing on the analysis in Rita v. United States, a presumption of reasonableness ought not apply to within-Guideline sentences for those who possess child pornography.

Number of Pages in PDF File: 14

Keywords: child pornography, sentencing, judicial discretion, sentencing guidelines, sex offenders

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Date posted: October 29, 2011 ; Last revised: August 8, 2013

Suggested Citation

Hessick, Carissa Byrne, Post-Booker Leniency in Child Pornography Sentencing (October 21, 2011). Federal Sentencing Reporter, Vol. 24, No. 2, December 2011; University of Utah College of Law Research Paper No. 36. Available at SSRN: http://ssrn.com/abstract=1947386

Contact Information

Carissa Byrne Hessick (Contact Author)
University of Utah - S.J. Quinney College of Law ( email )
332 S. 1400 East Front
Salt Lake City, UT 84112-0730
United States
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