Dist. Ct. did not err in sentencing defendant to 240-month term of incarceration on charge of receiving, distributing and possessing child pornography, even though defendant argued that Dist. Ct. miscalculated his guideline range. Record showed that Dist. Ct. merely expressed disagreement with properly calculated guideline range of 325 to 405 months of incarceration and made downward adjustment under section 3553(a). Thus, Dist. Ct. had no occasion to recalculate final guideline level. Moreover, defendant did not challenge in Dist. Ct. factual basis of guideline calculation or final offense level. Also, defendant failed to rebut presumption that his sentence was substantively reasonable, where instant sentence was already 84 months below applicable guideline range.
Federal 7th Circuit Court
Criminal Court
Sentencing