United States v. Blackie

ALDRICH, D.J., delivered the opinion of the court, in which MOORE, J., joined. SUTTON, J. (p. 404), delivered a separate opinion concurring in part and concurring in the judgment.

OPINION

ANN ALDRICH, District Judge.

Kerry Blackie pled guilty to a single count of possession of visual depictions of minors engaging in sexually explicit con*397duct in violation of 18 U.S.C. § 2252(a)(4)(B) and (b)(2). The district court imposed a sentence of 42 months, which is outside the advisory Sentencing Guidelines range. Blackie appeals his sentence, alleging that the district court: (1) improperly considered the…