United States v. Hammond, No. 12-1487 (8th Cir. 2012)Annotate this Case
Defendant pleaded guilty to one count of enticement of a minor for the purpose of engaging in prohibited sexual activity and one count of enticement of a minor to engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct. On appeal, defendant challenged the district court's denial of a downward variance from the Guidelines range of 235 to 293 months. The court concluded that the district court considered the relevant factors set forth in 18 U.S.C. 3553(a) and reached a substantively reasonable conclusion. Moreover, the district court's decision to place greater emphasis in this case on factors that favored a sentence within the advisory range than on other section 3553(a) factors that might favor a more lenient sentence was a permissible exercise of the considerable discretion available to a sentencing court. Accordingly, the court affirmed the judgment.