US v. Bain, No. 07-2981
Defendant's child pornography sentence is affirmed where: 1) although the district court committed Gall error by requiring extraordinary circumstances to justify the requested non-Guidelines sentence, defendant failed to establish a reasonable probability that he would have received a lower sentence absent the error; and 2) the sentence was not outside the range of choice dictated by the facts of the case.
Submitted: June 9, 2009
Filed: November 16, 2009
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