United States v. Olinger, No. 10-4187 (10th Cir. 2011)Annotate this Case
Defendant Brian Charles Olinger appealed the eighteen-month term of imprisonment the district court imposed after he pled guilty to three Grade C violations of his supervised release. On September 30, 2009, Defendant was sentenced to fifteen months’ imprisonment and 120 months’ supervised release on one count of failing to register as a sex offender. Defendant expressly raised a substantive challenge to his eighteen-month term of imprisonment, arguing that his sentence was too long because it was more than triple the low end of the advisory guideline range and because it reflected punishment for possession of child pornography—an allegation made in a violation the government agreed to dismiss because defendant did not admit that he possessed it and the government could not prove that he did. Upon review, the Tenth Circuit "[could not] conclude that the district court abused its discretion by imposing a sentence of eighteen months." The Court affirmed Defendant's conviction and sentence.