Legal Opinion

United States v. Klear

District Court, M.D. Alabama

Decided February 21, 2014No. Criminal Action No. 3:13cr122-MHTPublished

1Opinion of the Court

*1300OPINION

MYRON H. THOMPSON, District Judge.

Defendant Tyson Scott Klear possessed significant numbers of digital images and videos portraying child pornography, which he distributed without compensation over a peer-to-peer computer network. Klear pled guilty to one count of knowingly distributing child pornography in interstate commerce, 18 U.S.C. § 2252A(a)(2). The court continued the hearing and reserved ruling on Klear’s motion for a variance and his final sentence. For the reasons discussed below, the court will grant his motion. Klear should receive a sentence of nine years, rather than the…

2Cases cited10 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. Rita v. United StatesSupreme Court of the United States · 2007
  3. Kimbrough v. United StatesSupreme Court of the United States · 2007
  4. United States v. IreyCourt of Appeals for the Eleventh Circuit · 2010
  5. United States v. PughCourt of Appeals for the Eleventh Circuit · 2008

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