United States v. Regan
2010 U.S. App. LEXIS 26117
| 10th Cir. | 2010Background
- Regan pled guilty to one count of receiving visual depictions of minors in sexual conduct; Guideline range was 97–121 months.
- Regan sought the statutory minimum of 60 months under 18 U.S.C. § 2252(b)(2); district court imposed 97 months.
- Forensic analysis revealed approximately 22,800 images/videos of child pornography, including violent and sadistic content; 127 known victims identified.
- Regan, 62, has a history of bipolar/rapid mood disorder and prior sexual assault trauma; mental health treatment history noted.
- Plea agreement added specific guideline enhancements (prepubescent minor, violence, computer) and reductions (no distribution, acceptance of responsibility); total offense level 30 and criminal history I.
- District court sentenced at bottom of the guideline range; Regan appealed challenging substantive reasonableness of 97-month sentence; panel affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 97-month sentence was substantively reasonable given guidelines deference | Regan contends guidelines lack empirical basis and should be given less deference. | Regan did not raise empirical-deference issue; court can rely on § 3553(a) factors within range. | No abuse of discretion; within properly calculated range; presumption of reasonableness preserved. |
| Whether individualized § 3553(a) factors warrant a downward variance below the guideline range | Guideline weight should be reduced given age, voyeuristic nature, and history; 60 months sufficient. | District court properly balanced 3553(a) factors; district court has institutional advantage and discretionary judgment. | Court did not abuse discretion; 97 months reasonable in light of factors; presumption not reversed here. |
Key Cases Cited
- Gall v. United States, 552 U.S. 38 (U.S. 2007) (establishes procedural and substantive review framework for sentencing)
- Kristl v. United States, 437 F.3d 1050 (10th Cir. 2006) (presumption of reasonableness for within-range sentences)
- Rita v. United States, 551 U.S. 338 (U.S. 2007) (requires proportional reasoning when reviewing sentences)
- Haley v. United States, 529 F.3d 1308 (10th Cir. 2008) (defer to district court on variance decisions under 3553(a))
- Smart v. United States, 518 F.3d 800 (10th Cir. 2008) (limits de novo reweighing of § 3553(a) factors on appeal)
- McComb v. United States, 519 F.3d 1049 (10th Cir. 2007) (abuse-of-discretion standard for sentencing determinations)
- Dorvee v. United States, 616 F.3d 174 (2d Cir. 2010) (concerns empirical basis of child pornography guidelines)
- Grober v. United States, 595 F. Supp. 2d 382 (D.N.J. 2008) (district court critique of 2G2.2 guidelines' empirical basis)