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U.S. v. VANHOUTEN

No. 02-1061.

307 F.3d 693 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Leonard VanHOUTEN, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: October 8, 2002.

Attorney(s) appearing for the Case

J. Blake Hendrix, argued, Little Rock, AR, for appellant.

Todd L. Newton, argued, Asst. U.S. Atty., Little Rock, AR (H.E. (Bud) Cummins, on the brief), for appellee.

Before McMILLIAN, JOHN R. GIBSON, and LOKEN, Circuit Judges.

JOHN R. GIBSON, Circuit Judge.

Leonard VanHouten appeals from the sentence imposed upon him following his guilty plea to charges of possession of child pornography in violation of 18 U.S.C. § 2252(a)(4)(B) (2000). He argues that he should have received a downward departure from the Guideline range of twenty-four to twenty-seven months because of his atypical means of possession, involving a small number of downloads from an easily accessible website, and because...

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