Defendant's child pornography sentence is affirmed where: 1) defendant's enhanced sentence was a clear example of a "variance" from, and not a "departure" within, the Sentencing Guidelines scheme; and 2) the district court properly considered a wide variety of information at sentencing that could not otherwise be considered at trial.
Argued and Submitted January 23, 2009
Filed August 6, 2009
Opinion by Judge Tallman
Corey Endo, Federal Public Defender's Office, Seattle, WA
Vincent T. Lombardi, Office of the United States Attorney, Seattle, WA