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Split Third Circuit affirms way below-guideline sentence in major(?) child porn ruling

By Douglas A. Berman

A split Third Circuit panel has a long and dynamic set of opinion in a federal child porn sentencing case in which I was actually called as an expert witness at sentencing.  The litigation and ruling in US v. Grober, No. 09-1318 (3d Cir. Oct. 26, 2010) (available here), merits extended discussion, but for now I will quote for the start of the majority opinion and the end of the dissent.  First, the start of the majority opinion: It is an unassailable proposition that ?[c]hild pornography harms and debases the most defenseless of our citizens.? United States v. Williams, 553 U.S. 285, 307 (2008).  We believe that, and the District Court believed that.  Nonetheless, the Court was deeply concerned about the sentence the government said the Court should impose on defendant David Grober under the child pornography Guidelines...continue to full post

Full post as published by Sentencing Law and Policy on October 26, 2010 (boomark / email).