US v. Mantanes, 10-1590
By
FindLaw Staff
on January 13, 2011
| Last updated on March 21, 2019
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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