Conrad v. U.S.

Dist. Ct. did not err in denying defendant’s habeas petition that sought new sentencing hearing on child pornography charges, where defendant received 198-month sentence under 360-month to life sentencing guidelines that were in force at time of sentencing hearing, rather than 121 to 151-month sentencing guidelines that were in force at time defendant committed charged offenses. While decision in Peugh, 133 S.Ct. 2072, required Dist. Ct. to use sentencing guidelines in force at time defendant committed charged offenses, said decision was handed down five months after defendant’s convictions and sentence had become final. Moreover, defendant was not entitled to new sentencing hearing, where: (1) defendant was given sentence that was not higher than statutory maximum; and (2) considerations of finality militated against finding that Peugh be applied retroactively.