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August 6, 2009

Ninth Circuit affirms above-guideline child porn sentence over various objections

The Ninth Circuit today affirms an above-guideline sentence today in US v. Vanderwerfhorst,, No. 07-30336 (9th Cir. Aug. 6, 2009) (available here).  The substantive result here is not too surprising because the defendant, despite having a name with Fletch qualities, seems like a pretty bad dude.  But the Ninth Circuit covers a lot of notable sentencing law in a short space, and here is how the opinion starts:

We are once again asked to review the sentencing procedure where the underlying crime itself is not at issue. Jared Vanderwerfhorst, a convicted sex offender, pled guilty to one count of possession of child pornography, in violation of 18 U.S.C. § 2252(a)(4)(B) and (b)(2).  On appeal, he contends that the district court violated the notice requirement of Federal Rule of Criminal Procedure 32(h) when the court imposed a sentence above the advisory range set forth by the U.S. Sentencing Guidelines (“Guidelines” or “U.S.S.G.”).  He also claims the court committed procedural error by relying upon unreliable information and assumptions and by failing to adequately explain the sentencing determination.  We have jurisdiction pursuant to 28 U.S.C. § 1291.  We reject Vanderwerfhorst’s arguments and affirm.

August 6, 2009 at 02:19 PM | Permalink

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