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U.S. v. RABY

No. 06-5066.

575 F.3d 376 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Bernard E. RABY, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: August 10, 2009.

Attorney(s) appearing for the Case

ARGUED: Jonathan D. Byrne, Office of the Federal Public Defender, Charleston, West Virginia, for Appellant. Louise Anna Forbes, Office of the United States Attorney, Charleston, West Virginia, for Appellee. ON BRIEF: Mary Lou Newberger, Federal Public Defender, George H. Lancaster, Jr., Assistant Federal Public Defender, Office of the Federal Public Defender, Charleston, West Virginia, for Appellant. Charles T. Miller, United States Attorney, Charleston, West Virginia, for Appellee.

Vacated and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Judge MICHAEL and Senior Judge STAMP joined.

OPINION

NIEMEYER, Circuit Judge:

Bernard Raby pleaded guilty to receipt of child pornography, in violation of 18 U.S.C. § 2252A(a)(2)(A), and the district court sentenced him to 210 months' imprisonment—a sentence at the bottom of the properly calculated Sentencing Guidelines range. In imposing the sentence, the district court concluded that it was substantially constrained in considering a sentence outside of the Guidelines range, observing...

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