20 Cited authorities

Kimbrough v. United States
552 U.S. 85 (2007) Cited 3,937 times 7 Legal Analyses
Holding that variances can sometimes be based on the sentencing judge's disagreement with whether a guideline properly reflects the § 3553 factors
U.S. v. Vowell
516 F.3d 503 (6th Cir. 2008) Cited 222 times
Upholding sentence that was 242% beyond the top of the guidelines range based on defendant's past convictions for statutory rape, the impact on the victim, and that the defendant was in a position to care for the victim
U.S. v. Malloy
568 F.3d 166 (4th Cir. 2009) Cited 132 times
Holding that "no reasonable mistake of age defense is constitutionally required"
U.S. v. Sanchez
517 F.3d 651 (2d Cir. 2008) Cited 95 times
Holding that discretion to seek § 851 enhancement does not violate separation of powers, and that absent showing of improper motive, an unexplained decision to seek enhancement against only one of several pleading defendants does not violate due process
U.S. v. Betcher
534 F.3d 820 (8th Cir. 2008) Cited 92 times
Holding one panel of this court is bound by the decision of a prior panel
United States v. Patrick John Corp.
668 F.3d 379 (6th Cir. 2012) Cited 78 times
Affirming five-point enhancement based on " the instant offense; photographs of a seventeen-year-old girl engaged in sexual acts, which surfaced in [defendant's] 1999 [conviction]; and pictures [that the defendant possessed] of an unidentified, young-looking girl with orthodontic braces performing oral sex"
United States v. Cunningham
669 F.3d 723 (6th Cir. 2012) Cited 76 times
Holding that "a district court is entitled to rely on the §2G2.2 enhancements unless it has a reasonable policy basis for not doing so"
United States v. Bistline
665 F.3d 758 (6th Cir. 2012) Cited 74 times
Holding that a district court’s disagreement with § 2G2.2 on policy grounds was not sufficient to justify the downward variance granted
U.S. v. Corp.
236 F.3d 325 (6th Cir. 2001) Cited 54 times 2 Legal Analyses
Holding that the identical jurisdictional element in § 2252(B) was insufficient to establish federal jurisdiction and that Congress cannot proscribe intrastate, noncommercial possession of child pornography — at least to the extent that the proscription reaches a twenty-three-year-old defendant's possession of photos of himself engaged in consensual sex with a seventeen-year-old
U.S. v. Humphrey
608 F.3d 955 (6th Cir. 2010) Cited 38 times
Adopting the reasoning of a "majority of our sister circuits" that a reasonable mistake of age defense is not constitutionally required
Section 3553 - Imposition of a sentence
18 U.S.C. § 3553 Cited 76,909 times 111 Legal Analyses
Holding that district court must consider whether its decision will "protect the public from further crimes of the defendant"

USA v. Corp

20 Cited authorities

Holding that variances can sometimes be based on the sentencing judge's disagreement with whether a guideline properly reflects the § 3553 factors

Upholding sentence that was 242% beyond the top of the guidelines range based on defendant's past convictions for statutory rape, the impact on the victim, and that the defendant was in a position to care for the victim

Holding that "no reasonable mistake of age defense is constitutionally required"

Holding that discretion to seek § 851 enhancement does not violate separation of powers, and that absent showing of improper motive, an unexplained decision to seek enhancement against only one of several pleading defendants does not violate due process

Holding one panel of this court is bound by the decision of a prior panel

Holding that "a district court is entitled to rely on the §2G2.2 enhancements unless it has a reasonable policy basis for not doing so"

Holding that a district court’s disagreement with § 2G2.2 on policy grounds was not sufficient to justify the downward variance granted

Adopting the reasoning of a "majority of our sister circuits" that a reasonable mistake of age defense is not constitutionally required

Holding that district court must consider whether its decision will "protect the public from further crimes of the defendant"