Legal Opinion

United States v. Kelly

District Court, D. New Mexico

Decided June 20, 2012No. Cr. No. 11-1866 BBPublishedCited by 3 opinions

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

  1. United States v. BookerSupreme Court of the United States · 2004
  2. Gall v. United StatesSupreme Court of the United States · 2007
  3. Rita v. United StatesSupreme Court of the United States · 2007
  4. Kimbrough v. United StatesSupreme Court of the United States · 2007
  5. United States v. DorveeCourt of Appeals for the Second Circuit · 2010

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3Cited by3 opinions

  1. United States v. R.V.District Court, E.D. New York · 2016
  2. United States v. AbrahamDistrict Court, D. Nebraska · 2013
  3. Commonwealth v. DunnMassachusetts Supreme Judicial Court · 2024

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