U.S. v. Bridgewater

Dist. Ct. did not err in imposing above-guidelines, 78-month term of incarceration on charge of soliciting obscene visual depiction of minor that arose out of defendant’s contact with boy (depicted by FBI agent) in online sting operation, even though Dist. Ct. took into consideration defendant’s conduct that occurred in dismissed charge of attempted enticement of minor. Ct. rejected defendant’s claim that his sentence was substantively unreasonable because it created unwarranted disparities in sentences of individuals who had similar convictions, where: (1) Dist. Ct. could properly deviate above guideline range to account for conduct at issue in dismissed enticement charge that carried 10-year mandatory-minimum sentence; and (2) Dist. Ct.’s 18-month deviation above guideline range did not introduce unwarranted sentence disparities among similar defendants. Also, defendant’s history and characteristics when combined with nature and circumstances of instant offense made it reasonable for Dist. Ct. to fashion sentence to quash any residual impulse to recidivate. Ct. rejected defendant’s claim that Dist. Ct.’s consideration of conduct at issue in dismissed charge violated his due process rights.