08-2622 U.S. v. Huffstatler

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Sentencing
Child pornography

Even though the sentencing guidelines for child pornography were not empirically based, a district court is not required to impose a below-guideline sentence.
“Even assuming that district courts may exercise their discretion based solely on policy disagreements with the child-exploitation guidelines (an issue we need not decide here), Huffstatler’s argument is without merit. Despite Kimbrough, the crack guidelines, to which he so energetically analogizes those for child-exploitation, remain valid. See United States v. Roberson, 517 F.3d 990, 995 (8th Cir. 2008). And judges are not required to disagree with the crack guidelines; a within-guidelines sentence may be reasonable. Id.; see also United States v. Lopez, 545 F.3d 515, 516 (7th Cir. 2008) (affirming a within-guidelines sentence for possession with intent to distribute crack); United States v. Hart, 544 F.3d 911, 913 (8th Cir. 2008) (same). The child-exploitation guidelines are no different: while district courts perhaps have the freedom to sentence below the child-pornography guidelines based on disagreement with the guidelines, they are certainly not required to do so. Because the district court was not obligated to sentence Huffstatler below the range recommended by the valid sentencing guidelines, Huffstatler cannot establish plain error. Moreover, Huffstatler’s sentence, though above the guidelines range, was reasonable. The sentencing judge correctly calculated the guidelines range and then reviewed the § 3553(a) factors—including recidivism, deterrence, seriousness of the crime, and time for treatment—in some detail before announcing that a longer sentence was justified. We require nothing more. See United States v. McIntyre, 531 F.3d 481, 483-84 (7th Cir. 2008).”
Affirmed.

08-2622 U.S. v. Huffstatler

Appeal from the United States District Court for the Southern District of Illinois, Gilbert, J., Per Curiam