U.S. v. PUGH

No. 07-10183.

515 F.3d 1179 (2008)

UNITED STATES of America, Plaintiff-Appellant, v. Bruce Clayton PUGH, a.k.a. sknowgirl, a.k.a. alabamaprincess4, pgugh, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

January 31, 2008.

Attorney(s) appearing for the Case

David Andrew Sigler, Mobile, AL, for U.S.

Carlos Alfredo Williams and Kristen Gartman Rogers, Fed. Pub. Defenders, Mobile, AL, for Pugh.

Before MARCUS and PRYOR, Circuit Judges, and HANCOCK, District Judge.

MARCUS, Circuit Judge:

This appeal tests the nature and extent of appellate review over sentencing under the new regime of advisory Sentencing Guidelines. After thorough review, we are constrained to conclude that even under the most recent Supreme Court precedent, affording substantial deference to the district court's sentencing determinations, the district court abused its discretion by imposing a probationary sentence on the defendant in this case.



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