U.S. v. GOLDBERG

No. 01-5052.

295 F.3d 1133 (2002)

UNITED STATES of America, Plaintiff-Appellant, v. Gary Syd GOLDBERG, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

July 9, 2002.


Attorney(s) appearing for the Case

Richard A. Friedman, Attorney, Appellate Section, Criminal Division, Department of Justice, Washington, D.C. (Thomas Scott Woodward, United States Attorney, and Susan K. Morgan, Assistant United States Attorney, Northern District of Oklahoma, Tulsa, OK, with him on the briefs), for Plaintiff-Appellant.

Robert Nigh, Jr. (Clark O. Brewster with him on the brief), Tulsa, OK, for Defendant-Appellee.

Before EBEL, Circuit Judge, McWILLIAMS, Senior Circuit Judge, and HENRY, Circuit Judge.


EBEL, Circuit Judge.

Gary Syd Goldberg was convicted of possession of child pornography in violation of 18 U.S.C. § 2252(a)(2). At sentencing, the district court made an eight-level downward departure from the United States Sentencing Guidelines ("Guidelines") offense level, resulting in a reduction from twenty seven to thirty three months of imprisonment with two to three years probation to an actual sentence of no imprisonment with five years of probation,...

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