US v. Brooks, 09-3833
Conviction for sex crimes against children US v. Brooks, 09-3833
, concerned a challenge to the district court's imposition of a 295-month sentence for count 1, the
same sentence for count 2, and 240-month sentence for count 3, all to
run concurrently, in a conviction of defendant for three counts of sex crimes against children.
In affirming, the court held that the record reflects, contrary to
defendant's contention, that the district court did in fact adequately
address defendant's drug problem, depression, sexual addiction, and the
abuse that he suffered as a child. The court held that defendant's
claim that the district court failed to consider all of the section
3553(a) factors and did not adequately explain the sentence reached is
without merit. Further, the application of U.S.S.G. sections 2G2.1 and
2G2.2 did not make defendant's sentence procedurally or substantively
unreasonable. Lastly, the court held that, defendant's argument that
his sentence was substantively unreasonable because the district court
gave an excessive amount of weight to the nature and seriousness of the
offenses involved, fails to overcome the rebuttable presumption of
reasonableness that the sentence enjoys because it falls within the
applicable Guidelines range.
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