US v. Lychock, No. 06-3311

District court's decision to deviate from a 30-37 month Guideline range down to a sentence of five years probation for a defendant convicted of knowing possession of child pornography is vacated as procedurally and substantively unreasonable where the district court failed to properly consider the 18 U.S.C. section 3553 factors and failed to offer a sufficient justification for its imposition of a sentence so substantially below the applicable Guidelines range. 

Read US v. Lychock, No. 06-3311

Appellate Information

On Appeal from the United States District Court for the District of New Jersey (D.C. No. 06-cr-00039-1)
District Judge: Honorable Anne E. Thompson
Argued February 5, 2009
Opinion Filed August 25, 2009

Judges
Before:  Rendell and Roth, Circuit Judges, and Padova, Senior District Judge
Opinion by Circuit Judge Roth

Counsel

Counsel for Appellant: Sabrina G. Comizzoli, Christopher J. Christie, Caroline A. Sadlowski, Assistant United States Attorney, George S. Leone, Chief, Appeals Division Office of the United States Attorney

Counsel for Appellee:  Paul B. Brickfield