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U.S. v. GRIGSBY

No. 13-3146.

749 F.3d 908 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Philip Andra GRIGSBY, a/k/a [email protected], a/k/a [email protected], a/k/a [email protected], Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 15, 2014.

Attorney(s) appearing for the Case

James A. Brown , Assistant United States Attorney ( Barry R. Grissom , United States Attorney, with him on the brief), Topeka, KS, for Plaintiff-Appellee.

John K. Henderson, Jr. , Assistant Federal Public Defender, Wichita, KS, for Defendant-Appellant.

Before HARTZ, BALDOCK, and BACHARACH, Circuit Judges.

BALDOCK, Circuit Judge.

Defendant Philip Grigsby says his 260-year sentence imposed pursuant to the child pornography production guideline, U.S.S.G. § 2G2.1, is procedurally and substantively unreasonable because the guideline is "defective." According to Defendant, the production guideline routinely generates offense levels that result in a recommended guideline sentence in excess of the statutory maximum, and fails to distinguish between levels of culpability...

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