U.S. v. AUTERY

No. 07-30424.

555 F.3d 864 (2009)

UNITED STATES of America, Plaintiff-Appellant, v. Jim Bryan AUTERY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 13, 2009.


Attorney(s) appearing for the Case

Karin J. Immergut and Gregory R. Nyhus, District of Oregon United States Attorney's Office, Portland, OR, for the plaintiff-appellant.

Wayne Mackeson, Portland, OR, for the defendant-appellee.

Opinion by Judge MILAN D. SMITH, JR.; Dissent by Judge TASHIMA.


MILAN D. SMITH, JR., Circuit Judge:

Defendant-Appellee Jim Bryan Autery pled guilty to possession of child pornography and entered into a plea bargain that called for the imposition of a forty-one to fifty-one month prison sentence pursuant to the United States Sentencing Guidelines. The district court deviated from the Guidelines and imposed a sentence of five years probation. The government did not object to the sentence...

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