United States v. Kelly
District Court, D. New Mexico
1Opinion of the Court
MEMORANDUM OPINION ON SENTENCING
BRUCE D. BLACK, District Judge.
Defendant Michael Kelly pled guilty to one count of receiving child pornography, in violation of 18 U.S.C. § 2252(a)(2). The offense carries a minimum term of 5 years’ and a maximum term of 20 years’ imprisonment. 18 U.S.C. § 2252(b)(1). The Sentencing Guidelines recommend a sentence of 87 to 108 months imprisonment, with a term of supervised release for 5 years to life. As explained below, such a sentence would be unreasonable and contrary to 18 U.S.C. § 3553(a). Therefore, Mr. Kelly has been sentenced to 60 months in prison,…
2Cases cited16 opinions
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- Gall v. United StatesSupreme Court of the United States · 2007
- Rita v. United StatesSupreme Court of the United States · 2007
- Kimbrough v. United StatesSupreme Court of the United States · 2007
- United States v. DorveeCourt of Appeals for the Second Circuit · 2010
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