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August 26, 2010

Two long and notable Eighth Circuit sentencing opinions

One hallmark of the Eighth Circuit's sentencing work is its tendency to produce short and sweet (and usually pro-government) opinions.  For this reason, in addition to the substantive analysis, two lengthy (and divided) opinions handed down today seem especially noteworthy.  Here are unofficial summaries of the rulings (with links) from the Eighth Circuit's website:

United States v. Durham, No. 09-2951 (8th Cir. Aug. 26, 2010) (available here):

The court erred in applying a two-level enhancement for distribution of child pornography under Guidelines Sec. 2G2.2(b)(3)(F) as the court erred in finding defendant was knowledgeable about the Limewire file-sharing software and that he knowingly used the program to distribute child pornography; on remand, the court should consider whether the record supports imposition of an enhancement under Guidelines Sec. 2G2.2(b)(1); no error in imposing special conditions of supervised release which allow the probation office to track defendant's whereabouts, prevent his access to child pornography and limit his other access to the Internet; Judge Beam, concurring in part and dissenting in part.  Judge Gruender, concurring in part and dissenting in part. (Judge Gruender's opinion announces the judgment of the court with respect to imposition of the condition limiting Internet access.)

United States v. Anderson., No. 09-1733 (8th Cir. Aug. 26, 2010) (available here):

District court did not in imposing an enhancement under Guidelines Sec. 2D1.1(b)(1) for possession of a firearm in connection with the drug offense; sentence was not unreasonable. Judge Kornmann, concurring.

August 26, 2010 at 12:50 PM | Permalink


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