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Home / Opinions / Courts / 8th U.S. Circuit Court of Appeals / Criminal Law: Possession of Child Pornography-Upward Sentencing Variance-Constitutionality of Sentence

Criminal Law: Possession of Child Pornography-Upward Sentencing Variance-Constitutionality of Sentence

Defendant pleaded guilty to possession of child pornography. The district court varied upward from the guidelines sentence. On appeal, defendant challenged the constitutionality of his sentence, arguing that the district court relied upon unproven allegations in his presentence investigation report. Where the record demonstrated that defendant did not sentence defendant based on contested factual allegations but ...