District court's decision to deviate from a 30-37 month Guideline range down to a sentence of five years probation for a defendant convicted of knowing possession of child pornography is vacated as procedurally and substantively unreasonable where the district court failed to properly consider the 18 U.S.C. section 3553 factors and failed to offer a sufficient justification for its imposition of a sentence so substantially below the applicable Guidelines range.
On Appeal from the United States District Court for the District of New Jersey (D.C. No. 06-cr-00039-1)
District Judge: Honorable Anne E. Thompson
Argued February 5, 2009
Opinion Filed August 25, 2009
Counsel for Appellant: Sabrina G. Comizzoli, Christopher J. Christie, Caroline A. Sadlowski, Assistant United States Attorney, George S. Leone, Chief, Appeals Division Office of the United States Attorney
Counsel for Appellee: Paul B. Brickfield