Eighteen month sentence for possession of child pornography is reasonable under defendant’s unique circumstances

SENTENCING United States v. Huckins, No. 07-3220, 529 F.3d 1312 (10th Cir. Jun 25, 2008)(Kansas). Government appeal of district court’s sentence of eighteen month term of imprisonment for conviction resulting from guilty plea to possession of child pornography in violation of 18 U.S.C. § 2252(a)(4)(B). HELD: District court did not abuse its discretion in granting downward variance from sentencing guidelines range that resulted in eighteen month sentence for possession of child pornography because under defendant’s unique circumstances, sentence was reasonable. Under 18 U.S.C. § 3553(a)(1), defendant’s history and characteristics must be factored into final sentencing calculus. Here, district court considered numerous factors pertaining to defendant’s history and characteristics that counterbalanced what court acknowledged was an especially serious offense. Specifically, the court considered that defendant: (1) had no real criminal record; (2) was going through difficult time with significant depression when he committed offenses; (3) committed offenses over short period of time; (4) had not repeated offenses; (5) obtained licenses for employment and maintained steady employment prior to being charged; (6) consistently improved his life through his own efforts and those of his family; (7) did not occupy a position of trust with children; and (8) demonstrated repeated remorse and an exceptional understanding of how his conduct has affected his life and lives of his family. Read the opinion here.