US v. Vanderwerfhorst, No. 07-30336

Defendant's child pornography sentence is affirmed where: 1) defendant's enhanced sentence was a clear example of a "variance" from, and not a "departure" within, the Sentencing Guidelines scheme; and 2) the district court properly considered a wide variety of information at sentencing that could not otherwise be considered at trial.

Read US v. Vanderwerfhorst, No. 07-30336

Appellate Information

Argued and Submitted January 23, 2009

Filed August 6, 2009

Judges

Opinion by Judge Tallman

Counsel

For Appellant:

Paula Semmes Deutsch, Federal Public Defender's Office, Seattle, WA

Corey Endo, Federal Public Defender's Office, Seattle, WA

For Appellee:

Vincent T. Lombardi, Office of the United States Attorney, Seattle, WA