Legal Opinion

United States v. Cruikshank

District Court, S.D. West Virginia

Decided November 6, 2009No. 2:09-cv-00102PublishedCited by 5 opinions

1Opinion of the Court

MEMORANDUM OPINION AND STATEMENT OF REASONS

JOSEPH R. GOODWIN, Chief Judge.

The United States charged Telford Cruikshank, Jr. with possessing or knowingly accessing with intent to view child pornography, in violation of 18 U.S.C. § 2252A(a)(5)(B). The offense carries a maximum term of ten years’ imprisonment. Mr. Cruikshank pleaded guilty on May 18, 2009. The Sentencing Guidelines recommend a sentence of 46 to 57 months in prison, with a term of supervised release between 5 years to life. As explained below, such a sentence would be unreasonable in this case. I thus sentence Mr. Cruikshank to…

2Cases cited11 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. Gall v. United StatesSupreme Court of the United States · 2007
  3. Rita v. United StatesSupreme Court of the United States · 2007
  4. Kimbrough v. United StatesSupreme Court of the United States · 2007
  5. Osborne v. OhioSupreme Court of the United States · 1990

6 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. United States v. CunninghamDistrict Court, N.D. Ohio · 2010
  2. United States v. DiazDistrict Court, E.D. Wisconsin · 2010
  3. United States v. R.V.District Court, E.D. New York · 2016
  4. United States v. D.M.District Court, E.D. New York · 2013
  5. United States v. KellyDistrict Court, D. New Mexico · 2012

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