District court's sentencing of a defendant convicted of possession of child pornography to one day of incarceration and a ten-year period of supervised release is affirmed as the government at sentencing put forward almost no evidence for why a sentence within the Guidelines was warranted and did not raise the argument it now raised on appeal, and the district court's explanation for the extent of its downward variance was sufficient in light of the record made before it.
Argued: August 5, 2009
Decided and Filed: September11, 2009
Opinion by Judge Boggs
Dissent by Judge Rogers
For Appellant: Bejamine C. Glassman, Assistant United States Attorney
For Appellee: Scott Aaron Rubenstein, Rubenstein & Thurman, LPA