The Tenth Circuit handed down a ten-year prison term earlier this month, despite an original sentence of only probation.
Defendant David Huffman originally pleaded guilty to possession of child pornography in violation of 18 U.S.C. § 2252(a)(4)(B). The maximum sentence for such an offense is ten years, but the court instead decided to sentence Huffman to a 5-year term of probation. Then, he violated this probation within eighteen months. Huffman appealed this sentence, claiming it was substantively unreasonable.