Legal Opinion

United States v. Bailey

District Court, D. Maine

Decided June 29, 2005No. CR-04-89-B-WPublishedCited by 1 opinion

1Opinion of the Court

SUPPLEMENTARY SENTENCING ORDER

WOODCOCK, District Judge.

This Court denies a U.S.S.G. § 5K2.20 Motion for Downward Departure for Aberrant Behavior, because it concludes the Defendant, a school teacher, failed to demonstrate he did not engage in significant planning when he repeatedly used a school computer on school property to gain access to child pornography over a four month period. 1

I. STATEMENT OF FACTS

On November 22, 2004, Gerald Bailey, the Defendant, pleaded guilty to an Information charging him with possession of child pornography, a violation of 18 U.S.C. § 2252A(a)(5)(B). 2 (Docket #…

2Cases cited18 opinions

  1. United States v. GrandmaisonCourt of Appeals for the First Circuit · 1996
  2. United States v. W. David MarcelloCourt of Appeals for the Third Circuit · 1994
  3. United States v. Robin DickersonCourt of Appeals for the Third Circuit · 2004
  4. UNITED STATES of America, Plaintiff-Appellant, v. Michael Thomas COLACE, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1997
  5. United States v. DewireCourt of Appeals for the First Circuit · 2001

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3Cited by1 opinion

  1. United States v. CameronDistrict Court, D. Maine · 2010

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