United States v. Clarke, No. 15-3730 (8th Cir. 2016)
Annotate this CaseDefendant appeals his sentence of 360 months in prison for the production and attempted production of child pornography. The court concluded that defendant's sentence is substantively reasonable where he was sentenced within the advisory guidelines; the district court specifically noted that it had considered the 18 U.S.C. 3553(a) factors; and a medical evaluation performed in advance of sentencing characterized defendant’s alleged mental difficulties as malingering. Accordingly, the court affirmed the judgment.
Court Description: Per Curiam. Before Smith, Melloy, and Gruender, Circuit Judges] Criminal Case - sentencing. Sentence of 360 months for producing child pornography and attempting to produce child pornography in light of defendant's victimization of two girls including a family member was substantively reasonable. Sentence was within guidelines range, and the district court considered the section 3553(a) factors. Lack of a criminal history and record of steady employment does not render sentence unreasonable. It was reasonable to assign little weight to alleged mental difficulties in light of evaluation that Clarks was malingering. Sentence was not an abuse of discretion.
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