United States v. James Studley

ROSENN, Senior Circuit Judge.

The central issue of this appeal by the Government is whether the district court erred in departing downward from the applicable guidelines in sentencing the defendant for receiving child pornography in violation of 18 U.S.C. § 2252(a)(2). Although the district court’s sense of compassion and pragmatism displayed in sentencing the defendant is understandable, regrettably, these considerations are insufficient to jus tify a downward departure under the guidelines announced under the Sentencing Reform Act (the Act) of 1984, as amended. 1 Accordingly, we must reverse.