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U.S. v. Morace

United States Court of Appeals, Fourth Circuit
Feb 11, 2010
594 F.3d 340 (4th Cir. 2010)
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Summary

vacating downward variance in child pornography case where district court ignored Hecht, congressional policy, and Commission policy statements

Summary of this case from Burgess v. United States
See 14 Summaries

Opinion

No. 09-4007.

Argued: December 4, 2009.

Decided: February 11, 2010.

Appeal from the United States District Court for the Eastern District of North Carolina, W. Earl Britt, Senior District Judge.

ARGUED: Joe Exum, Jr., Office of the United States Attorney, Raleigh, North Carolina, for Appellant. Eric Joseph Brignac, Office of the Federal Public Defender, Raleigh, North Carolina, for Appellee. ON BRIEF: George E.B. Holding, United States Attorney, Anne M. Hayes, Jennifer P. May-Parker, Assistant United States Attorneys, Office of the United States Attorney, Raleigh, North Carolina, for Appellant. Thomas P. McNamara, Federal Public Defender, G. Alan DuBois, Assistant Federal Public Defender, Office of the Federal Public Defender, Raleigh, North Carolina, for Appellee.

Before SHEDD and DUNCAN, Circuit Judges, and T.S. ELLIS, III, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

Vacated and remanded by published opinion. Judge SHEDD wrote the opinion, in which Judge DUNCAN and Senior Judge ELLIS joined.

OPINION

Summaries of

U.S. v. Morace

United States Court of Appeals, Fourth Circuit
Feb 11, 2010
594 F.3d 340 (4th Cir. 2010)

vacating downward variance in child pornography case where district court ignored Hecht, congressional policy, and Commission policy statements

Summary of this case from Burgess v. United States

recognizing that, even if this court would have imposed a different sentence, this fact alone will not justify vacatur of the district court's sentence

Summary of this case from United States v. Lee

recognizing that, even if this court would have imposed a different sentence, this fact alone will not justify vacatur of the district court's sentence

Summary of this case from United States v. Hernandez

recognizing that, even if this Court would have imposed a different sentence, this fact alone will not justify vacatur of the district court's sentence

Summary of this case from United States v. Lazo

noting “Congress' view that child pornography crimes are serious offenses deserving serious sanctions”

Summary of this case from United States v. Bistline

discussing nationwide trend of downward departures and variances in child pornography cases

Summary of this case from U.S. v. Scher

observing Congress has made clear its "view that child pornography crimes are serious offenses"

Summary of this case from United States v. Galvan

observing that Congress has made clear its "view that child pornography crimes are serious offenses"

Summary of this case from United States v. Slaughter

emphasizing that child pornography crimes are considered serious and deserve serious sanctions

Summary of this case from United States v. Turman

noting typicality of the lack of a criminal history in child pornography defendant characteristics

Summary of this case from United States v. Turman

observing that Congress has made clear its "view that child pornography crimes are serious offenses"

Summary of this case from United States v. Risley

observing that Congress has made clear its "view that child pornography crimes are serious offenses"

Summary of this case from United States v. King

observing that Congress has made clear its "view that child pornography crimes are serious offenses"

Summary of this case from United States v. Canfield

observing that Congress has made clear its "view that child pornography crimes are serious offenses"

Summary of this case from United States v. Simons
Case details for

U.S. v. Morace

Case Details

Full title:UNITED STATES of America, Plaintiff-Appellant, v. Christopher Allen…

Court:United States Court of Appeals, Fourth Circuit

Date published: Feb 11, 2010

Citations

594 F.3d 340 (4th Cir. 2010)

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