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US v. Mantanes, 10-1590

By FindLaw Staff on January 13, 2011 4:04 PM

Sentencing challenge in child pornography conviction

US v. Mantanes, 10-1590, concerned a challenge to the district court's imposition of a 210-month sentence upon a defendant for child pornography related crime, arguing that the district judge did not give meaningful consideration to the section 3553(a) factors and that his sentence is unreasonable.

In affirming, the court held that a district court need not discuss all the section 3553(a) factors, but it must give them meaningful consideration, and here, the district judge adequately considered the section 3553(a) factors in explicitly mentioning his consideration of the seriousness of the offense, the need for deterrence, the need to protect the public, and defendant's personal characteristics and the need for sex offender treatment.  The court also held that defendant cannot overcome the presumption of reasonableness of his sentence.

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