Legal Opinion

United States v. Duhon

Court of Appeals for the Fifth Circuit

Decided February 17, 2006No. 05-30387PublishedCited by 75 opinions

1Opinion of the Court

BENAVIDES, Circuit Judge:

The Government appeals the district court’s post -Booker, non-Guideline sentence. We hold that the sentence is unreasonable with regard to the sentencing factors enumerated in 18 U.S.C. § 3553(a) (2000).

I. BACKGROUND

Appellee David Duhon pleaded guilty to one count of possessing child pornography in violation of 18 U.S.C. § 2252A(a)(5)(2000). Duhon submitted a factual stipulation in connection with his plea. He acknowledged that FBI agents found images of children engaged in sexually explicit activity on his computer. Du-hon admitted that he had downloaded the pictures…

2Cases cited22 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. Blakely v. WashingtonSupreme Court of the United States · 2004
  3. United States v. MaresCourt of Appeals for the Fifth Circuit · 2005
  4. United States v. Darrin Todd HaackCourt of Appeals for the Eighth Circuit · 2005
  5. United States v. SmithCourt of Appeals for the Fifth Circuit · 2006

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

3Cited by75 opinions

  1. United States v. Gomez-HerreraCourt of Appeals for the Fifth Circuit · 2008
  2. United States v. BrantleyCourt of Appeals for the Fifth Circuit · 2008
  3. United States v. Roberto Aguirre-Villa, A/K/A Jose HernandezCourt of Appeals for the Fifth Circuit · 2006
  4. United States v. BonillaCourt of Appeals for the Fifth Circuit · 2008
  5. United States v. William J. DavisCourt of Appeals for the Sixth Circuit · 2006

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

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