USA v. Bradley D. Craig, No. 06-2903 (8th Cir. 2007)
Annotate this CaseCourt Description: Criminal Case - sentencing. 87-month sentence for receiving and possessing child pornography was not unreasonable, as district court properly considered factors and sentence was at the bottom of Guidelines range.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 06-2903 ___________ United States of America, Appellee, v. Bradley Dean Craig, Appellant. * * * * Appeal from the United States * District Court for the * Northern District of Iowa. * * [UNPUBLISHED] * ___________ Submitted: October 5, 2007 Filed: October 18, 2007 ___________ Before MURPHY, SMITH, and SHEPHERD, Circuit Judges. ___________ PER CURIAM. Bradley Dean Craig appeals the 87-month prison sentences the district court1 imposed after he pleaded guilty to receiving and possessing child pornography. See 18 U.S.C. § 2252A(a)(2)(A), (a)(5)(B). For reversal, Craig argues that the district court erred in denying his request for a downward variance based on his history of extensive community service. 1 The Honorable Linda R. Reade, Chief Judge, United States District Court for the Northern District of Iowa. We conclude that Craig s sentences are not unreasonable. See United States v. Booker, 543 U.S. 220, 261-62 (2005) (discussing appellate review). The district court imposed these sentences--which were at the bottom of the applicable Guidelines range--after properly considering all of the 18 U.S.C. § 3553(a) factors, including Craig s history and circumstances. See Rita v. United States, 127 S. Ct. 2456, 246368 (2007) (approving appellate presumption of reasonableness for sentence within advisory Guidelines range); United States v. Haack, 403 F.3d 997, 1003-04 (8th Cir. 2005) (describing appropriate consideration of § 3553(a) factors). Accordingly, the judgment is affirmed. ______________________________ -2-
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