United States v. Brown, No. 13-1706 (2d Cir. 2016)Annotate this Case
Defendant pleaded guilty to child pornography charges and was sentenced to 60 years in prison. On appeal, defendant challenged his sentence, arguing that the district court miscalculated his guidelines range and that the sentence is otherwise procedurally and substantively unreasonable. The court rejected defendant's challenge to the guidelines calculations. However, the court concluded that the sentencing transcript suggests that the district court may have based its sentence on a clearly erroneous understanding of the facts. In this case, given the district court's emphasis on the fact that defendant destroyed the lives of "three specific children," when one of the victims had no knowledge of having been victimized by defendant, the court concluded that it is appropriate to remand for resentencing to ensure that the sentence is not based on a clearly erroneous understanding of the facts.