United States v. McElheney

SENTENCING MEMORANDUM

CURTIS L. COLLIER, Chief Judge.

Upon remand from the United States Court of Appeals for the Sixth Circuit, the Court held a hearing on June 17, 2009, to determine the sentence of Defendant Dr. Earl McElheney (“Defendant”), who stood convicted of one count of receiving child pornography. Defendant’s initial sentence was to a term of imprisonment of 135 months, which was at the bottom of his United States Sentencing Guidelines (“Guidelines”) range. Since Defendant’s initial sentence, two developments have occurred that convinced the Court to impose a non-Guidelines sentence…