US v. Morace, No. 09-4007

In a conviction of defendant for possession of child pornography, district court's imposition of 5 years of probation and an order to pay a $3000 fine is vacated and remanded as, the court erred by failing to provide an adequate explanation of why a term of imprisonment is not warranted in light of applicable policy statements. 

Read US v. Morace, No. 09-4007

Appellate Information

Argued: December 4, 2009

Decided: February 11, 2010

Judges

Opinion by Circuit Judge Shedd

Counsel

For Appellant:   Joe Exum, Jr., Office of the US Attorney

For Appellee:   Eric Joseph Brignac, Office of the Federal Public Defender