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US v. Grober, 09-2120,

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By FindLaw Staff on October 26, 2010 2:40 PM

District court's imposition of a mandatory minimum sentence upon a defendant convicted of child pornography-related crimes affirmed

US v. Grober, 09-2120, concerned a challenge to the district court's imposition of a mandatory minimum sentence of five years, in a prosecution of defendant for child pornography related crimes.

In affirming the sentence, the court held that the district court adequately addressed the government's arguments regarding the rationale for section 2G2.2.  Further, subsequent to sentencing in this case, the Sentencing Commission has issued reports and other courts have issued opinions that support the district court's decision.  The court also held that section 2G2.2 was not developed pursuant to the Sentencing Commission's characteristic institutional role.  Finally, the district court did not commit any significant procedural error requiring remand as the district court provided a sufficiently compelling justification for not applying the sentencing range recommended by section 2G2.2.  The court rejected defendant's cross-appeal in concluding that the district court properly recognized that it was statutorily bound to impose a sentence of at least five years imprisonment in this case.

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