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US v. Stall, No. 08-4064

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.     

Read US v. Stall, No. 08-4064

Appellate Information

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