United States v. John Dowell

Affirmed by published opinion. Judge GRIMM wrote the opinion, in which Judge DIAZ and Judge THACKER joined.

GRIMM, District Judge:

John Stuart Dowell, having pleaded guilty to twelve' counts of production of child pornography and one count of transportation of child pornography, appeals his 960-month sentence. On appeal, Dowell argues that his sentence violates the Eighth Amendment’s prohibition of cruel and unusual punishment and is both procedurally and substantively unreasonable under 18 U.S.C. § 3553(a).

We hold that the district court erred in its Guidelines calculation when it incorrectly…