Feb 01, 2016 Whether a time-served federal child pornography sentence will be disturbed on appeal
When a federal trial judge gives a very lenient-sounding sentence, the relevant federal appellate court may tell the trial judge to impose a harsher sentence. That happened with convicted criminal defense lawyer Lynne Stewart. I hope the same does not happen with R.V., who hit the jackpot in drawing Judge Jack Weinstein as his judge for his child pornography case, and receiving a suspended prison sentence for his case, which is many years below the bottom of his voluntary federal sentencing guidelines.
Judge Weinstein drafted this one hundred page statement of reasons for deviating below the sentencing guidelines. I hope that President Obama’s Justice Department opts not to appeal R.V. ‘s sentence, or else that the appellate court declines to disturb the sentence.