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November 21, 2008

Notable Sixth Circuit discussion of reasonableness review in child porn case

The Sixth Circuit provides an interesting read this morning in US v. Blackie, No. 07-2002 (6th Cir. Nov. 21, 2008) (available here). The opinion starts by providing a review of all the issues it reviews:

Kerry Blackie pled guilty to a single count of possession of visual depictions of minors engaging in sexually explicit conduct in violation of 18 U.S.C. § 2252(a)(4)(B) and (b)(2). The district court imposed a sentence of 42 months, which is outside the advisory Sentencing Guidelines range. Blackie appeals his sentence, alleging that the district court: (1) improperly considered the factors set forth in 18 U.S.C. § 3553(a); (2) imposed a sentence outside the Guidelines range without stating its reasons for doing so as required by 18 U.S.C. § 3553(c)(2); and (3) failed to provide notice of its intent to depart from the Guidelines range as required by Federal Rule of Criminal Procedure 32(h).

For the reasons set forth below, we VACATE Blackie’s sentence and REMAND the case for resentencing consistent with this opinion.

November 21, 2008 at 11:42 AM | Permalink

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Comments

Child pornography laws can sometimes be so strict that it's difficult to interpret or apply them. When Internet child pornography is the center piece for a case, that can create even more issues.

Posted by: JT | Nov 21, 2008 12:01:10 PM

Well, reading this, I think I have to revise what I said about a similar one of these you brought up. I probably would have been for that other panel to remand for a proper record even though it was extremely unlikely to produce a different outcome.

Posted by: Soronel Haetir | Nov 21, 2008 3:10:06 PM

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