United States v. Grigsby
2014 U.S. App. LEXIS 6967
| 10th Cir. | 2014Background
- Defendant Philip Grigsby pled guilty to eight counts of sexual exploitation of a nine-year-old to produce visual depictions (18 U.S.C. §2251(a)); one count of possession with intent to view child pornography (18 U.S.C. §2252(a)(4)(B)); and one count of being a felon in possession of a firearm (18 U.S.C. §922(g).
- Total offense level 43, criminal history category II; initial guideline range was life under the 2012 Guidelines, but §5G1.2(b) capped the recommended sentence at 260 years.
- District court sentenced to 260 years after applying the production guideline §2G2.1 and considering §3553(a) factors.
- Defendant challenged the sentence as procedurally and substantively unreasonable, arguing §2G2.1 is defective and should not govern sentencing; district court deferred to the Guidelines.
- The court of appeals reviews for reasonableness under abuse of discretion, with within-guideline sentences entitled to a rebuttable presumption of reasonableness.
- Court AFFIRMS the sentence, rejecting the categorical challenge to §2G2.1.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §2G2.1 is defective so district court should not rely on it | Grigsby argues §2G2.1 yields unwarranted, excessive sentences and lacks empirical basis | Defendant contends the district court should disregard §2G2.1 and base sentence on 3553(a) factors only | §2G2.1 not unreasonably applied; within-guideline sentence sustained |
| Whether within-guideline sentences carry a rebuttable presumption of reasonableness | Grigsby relies on procedural/substantive concerns with guidelines | Court should treat within-guideline sentence as presumptively reasonable if properly calculated | Within-guideline sentence carries a rebuttable presumption of reasonableness; district court’s calculation proper |
Key Cases Cited
- Dorvee, 616 F.3d 174 (2d Cir. 2010) (district court procedural error; §2G2.2 harsher; empirical basis lacking)
- Miller, 665 F.3d 114 (5th Cir. 2011) (Commission Report endorsed revisions to production/offense schemes)
- Ngheim, 432 F. App’x 753 (10th Cir. 2011) (guidelines not required to be empirical to be reasonable)
- Kieffer, 681 F.3d 1143 (10th Cir. 2012) (Guidelines start-point; §3553(a) factors govern final decision)
- Gall, 552 U.S. 38 (2007) (Guidelines are starting point in sentencing; court exercises discretion under §3553(a))
- Kristl, 437 F.3d 1050 (10th Cir. 2006) (within-guideline sentences carry rebuttable presumption of reasonableness)