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Notice of Variance Must Prompt Parties to Make Arguments

By Jonathan Byrne

US v. Fancher: Fancher was investigated by police after reports that he had sexually molested a nine-year-old girl. During the investigation, authorities uncovered numerous images of child pornography in Fancher's home. Fancher pleaded guilty to one count of possession of child porn. Due to a previous conviction for sexual abuse of a minor, Fancher's statutory sentence was between 15 and 40 years in prison. Prior to sentencing, the probation officer calculated Fancher's Guideline range to be 180-210 months. The PSR mentioned "mitigating" factors and also that "[g]iven the defendant's criminal history and the ages [of] and relationship to his victims[,] the Court may which to consider a sentence pursuant to [3553(a)] to meet the objectives of sentencing...continue to full post

Full post as published by Fourth Circuit Blog on January 18, 2008 (boomark / email).