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September 7, 2007

Sixth Circuit reverses below-guideline sentence as unreasonable

The Sixth Circuit  reverses a below-guideline sentence in a child porn case today in US v. Fink, No. 06-3436 (6th Cir. Sept. 7, 2007) (available here).  Here is the panel's conclusion: "the sentence given involves an extraordinary variance — a sentence roughly one-third the length of the lower end of the Guidelines range. The absence of factors justifying such a radical variance, as well as the presence of factors which the district court did not address, lead us to conclude that the sentence imposed is unreasonable."

September 7, 2007 at 10:45 AM | Permalink


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