U.S. v. McBROOM

No. Crim. 95-502 WGB.

991 F.Supp. 445 (1998)

UNITED STATES of America, Plaintiff, v. Kenneth McBROOM, Defendant.

United States District Court, D. New Jersey.

January 13, 1998.


Attorney(s) appearing for the Case

United States Attorney's Office, Newark, NJ by Faith S. Hochberg, United States Attorney, Barry S. Pollack, Assistant United States Attorney, for U.S.

Gibbons, Del Deo, Dolan, Griffinger & Vecchione, Newark, NJ by Lawrence S. Lustberg, Mark A. Berman, for defendant Kenneth McBroom.


MEMORANDUM OPINION

BASSLER, District Judge.

Defendant Kenneth McBroom ("McBroom") pled guilty to one count of possession of child pornography. 18 U.S.C. § 2252(a)(4)(B). The Court sentenced McBroom to 15 months' imprisonment on October 7, 1996. In the original sentencing proceeding, the Court denied McBroom's request for a downward departure based on his diminished capacity. The Court held that McBroom had not established his inability to absorb...

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