United States v. Grigsby, No. 13-3146 (10th Cir. 2014)
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Defendant Philip Grigsby appealed his 260-year sentence imposed pursuant to the child pornography production guideline, U.S.S.G. 2G2.1. He argued the guideline was procedurally and substantively unreasonable because it was “defective.” According to Defendant, the production guideline routinely generates offense levels that result in a recommended guideline sentence in excess of the statutory maximum, and fails to distinguish between levels of culpability by establishing enhancements for conduct present in most cases and thus undeserving of punishment beyond the core offense. Finding no reversible error, the Tenth Circuit affirmed defendant's sentence: "a district court does not err by deferring to the Guidelines where the sentence imposed is justified in light of the factors set forth in 18 U.S.C. 3553(a)."
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