Defendant’s sentence is not unreasonable merely because it is more severe than state-court sentence would have been for same offense
SENTENCING United States v. Branson, No. 06-3038, ___ F.3d ___ (10th Cir. Aug. 29, 2006)(Kansas). Appeal of sentence for possession of child pornography in violation of 18 U.S.C. § 2252(a)(4)(B). HELD: Disparity between federal-court sentence and sentence for like offense in state court does not make federal sentence unreasonable. Federal and state authorities have concurrent jurisdiction over various offenses and may apply disparate punishments to similar conduct. Adjusting federal sentences to conform to those imposed by states where offenses occurred would not serve purposes of 18 U.S.C. § 3553(a)(6) but instead would create disparities within federal system, which is what 18 U.S.C. § 3553(a)(6) is designed to discourage. Read the opinion here. |
Comments on "Defendant’s sentence is not unreasonable merely because it is more severe than state-court sentence would have been for same offense"