United States v. Olhovsky

OPINION OF THE COURT

McKEE, Circuit Judge.

Nicolau Olhovsky appeals the sentence of six years imprisonment that was imposed after he pled guilty to possessing child pornography, in violation of 18 U.S.C. § 2252A(a)(5)(B). He argues both that the sentence is unreasonable and that the sentencing court erred as a matter of law in refusing to allow his treating psychologist to testify at the sentencing hearing. For the reasons that follow, we agree. Accordingly, we will remand for resentencing.

I. Background 1

Nicolau Olhovsky was born with several birth defects, including a concave chest (pectus…