text:
United States v. John B. Baker, 445 F.3d 987 (7th Cir. 2006)
Court of Appeals for the Seventh Circuit
Filed: April 28th, 2006
Precedential Status: Precedential
Citations: 445 F.3d 987
Docket Number: 05-2499

445 F.3d 987

UNITED STATES of America, Plaintiff-Appellant,
v.
John B. BAKER, Defendant-Appellee.

No. 05-2499.

United States Court of Appeals, Seventh Circuit.

Argued January 24, 2006.

Decided April 28, 2006.

Thomas A. Keith (argued), Office of the United States Attorney, Peoria, IL, for Plaintiff-Appellant.

Karl W. Bryning (argued), Office of the Federal Public Defender, Peoria, IL, for Defendant-Appellee.

Before RIPPLE, ROVNER and EVANS, Circuit Judges.

RIPPLE, Circuit Judge.

1
On August 19, 2004, a grand jury sitting in the Central District of Illinois returned a three-count indictment charging John Baker with two counts of distribution of child pornography, see 18 U.S.C. § 2252A(a)(1), and one count of possession of child pornography, see id. § 2252A(5)(B). In compliance with a plea agreement, Mr. Baker pleaded guilty to one count of distributing child pornography in exchange for the dismissal of the remaining counts. The district court sentenced Mr. Baker to 87 months' imprisonment, a term below the advisory guidelines range of 108 to 135 months. The court also imposed a lifetime of supervised release. The Government now appeals; it submits that the sentence imposed by the district court is unreasonably low. For the reasons set forth in the following opinion, we affirm the judgment of the district court.

2
* BACKGROUND

A. Facts

3
On May 14, 2004, Mr. Baker entered a public online chatroom called "gaymenteenboys." Using the screen name, "perocks01," he conversed with "bradnh14," who claimed to be a fourteen-year-old boy; bradnh14 even posted a picture of himself in his online profile. In actuality, bradnh14, or Brad, was Detective James McLaughlin of the Keene, New Hampshire Police Department, who was posing as a child; the picture in the online profile was of the detective as a young man.

4
Mr. Baker corresponded with Detective McLaughlin, as bradnh14, for several months by email and online instant messages, as well as by a letter sent through the mail. During this time, Mr. Baker told Detective McLaughlin that he had engaged in sexual activities with at least two thirteen-year-old children. He also sent the detective various image files of young men: eight images were of young men in various stages of undress; three images were of nude prepubescent males engaged in explicit sexual acts. Mr. Baker expected to receive pictures of Brad in return.

5
On August 4, 2004, Detective McLaughlin contacted the FBI Office in Peoria, Illinois, and informed FBI agents of his ongoing correspondence with Mr. Baker. The Central Illinois Cybercrime Unit, a cooperative law enforcement program involving federal and local prosecutors, local police and the FBI, initiated an investigation and began surveillance efforts. On the following day, members of the Cybercrime Unit observed Mr. Baker entering Heartland Community College in Normal, Illinois. From there, Mr. Baker emailed four images of child pornography to Detective McLaughlin. Contemporaneously, Mr. Baker received online correspondence from Detective McLaughlin, indicating that "Brad" had mailed a letter to Mr. Baker's former address in Bloomington, Illinois. Mr. Baker left the college, followed by surveillance officers. He proceeded directly to the specified address where he waited for the postman to arrive. After the mail was delivered, Mr. Baker returned home. A subsequent search of Mr. Baker's residence by members of the Cybercrime Unit resulted in the seizure of at least 300 images containing child pornography from Mr. Baker's computer and floppy disks in his possession. Some of the recovered images depicted sadistic abuse of a minor.

B. District Court Proceedings

6
On August 19, 2004, Mr. Baker was indicted on two counts of distribution of child pornography, see 18 U.S.C. § 2252A(a)(1), and one count of possession of child pornography, see id. § 2252A(5)(B). After entering a plea agreement, Mr. Baker pleaded guilty to one count of distributing child pornography; the remaining counts were dismissed.

7
In calculating the advisory imprisonment range under the November 2003 edition of the Sentencing Guidelines, the Presentence Report began with a base offense level of 17. See U.S.S.G. § 2G2.2(a). It added two levels for possession of images of prepubescent minors under the age of 12, id. § 2G2.2(b)(1); five levels for the distribution of child pornography with the expectation of receiving child pornography in return, id. § 2G2.2(b)(2)(B); four levels for images portraying sadistic and masochistic conduct, id. § 2G2.2(b)(3); two levels for use of a computer to transmit, receive and distribute the pornography, id. § 2G2.2(b)(5); and four levels for possession of between 300 and 600 images of child pornography, id. § 2G2.2(b)(6)(c). The total offense level, after a three-level reduction for acceptance of responsibility, see id. § 3E1.1(b), was 31. Mr. Baker had no prior criminal record and was assigned a criminal history category of I. The result was an advisory guidelines range of 108 to 135 months' imprisonment.

8
Mr. Baker did not object to the Presentence Report, but he did file a sentencing memorandum requesting leniency. The memorandum identifies several mitigating factors: Mr. Baker's complete cooperation with law enforcement; his good academic record in high school; his college and church attendance; the fact that his mother left the family while he was an infant; his father's itinerant lifestyle as a preacher; and his lack of any criminal record. He also attached letters from family, friends and past employers attesting to his good character and employment history. In light of these facts, Mr. Baker submitted that a sentence of 60 months' imprisonment was appropriate under 18 U.S.C. § 3553(a)(2)(A),(B).

9
The sentencing hearing was held on April 3, 2005. At this hearing, Mr. Baker called the Reverend Dr. Kent King-Nobles, the minister and pastoral counselor at Mr. Baker's church, who testified that he did not believe Mr. Baker was a danger to the community; he noted, however, that Mr. Baker probably should not be placed "in a position where he is working with children." R.18 at 8. Mr. Baker also called Cary Hendricks, the director of youth ministry at Mr. Baker's church. Hendricks testified, based on his observation of Mr. Baker during his involvement with the church's youth ministry, that he did not consider Mr. Baker to be a danger to society; he also noted that an investigation at the church had not revealed any indication of inappropriate contact between Mr. Baker and the children under his charge. Id. at 18-21. On the basis of this testimony, defense counsel repeated his assertion that 60 months' imprisonment, which constitutes the mandatory minimum sentence under 18 U.S.C. § 2252A(b), would be sufficient to deter future misconduct, particularly if combined with treatment, a "lengthy supervised release period" and close monitoring. Id. at 36.

10
In response, the Government submitted that none of the proposed mitigating factors discussed in Mr. Baker's sentencing memorandum, assessed either "individually or collectively, really takes this case out of the norm." Id. at 29. While the Government conceded that Mr. Baker's "good background," religious upbringing, lack of drug or alcohol addiction and solid educational and employment history were "unusual in this courtroom," it nevertheless characterized these facts as merely "advantages" that should have kept Mr. Baker from turning to crime. Id. at 30.

11
The district court began by remarking that this case was "different in the sense that the defendant is not and does not have the appearance of a dirty old man who hangs out at playgrounds, preying on small children." Id. at 38. The court acknowledged Mr. Baker's representation to Detective McLaughlin that he had had sex with two 13-year-old boys, but gave Mr. Baker "the benefit of a doubt," noting that Mr. Baker later recanted this version of events and that there was no evidence that he was not merely "puffing." Id. at 40; but see id. at 41 (remarking that, although there is no evidence that Mr. Baker has ever molested a child, "perhaps he was moving in that direction"). Given Mr. Baker's "crime free" life, and the fact that "a term of imprisonment would probably mean more to him and have a greater impact than on someone who had previous experience being incarcerated," the district court ultimately concluded that a lesser term of imprisonment was appropriate. Id.

12
Acknowledging the seriousness of the offense, but also expressing concern that the low end of the advisory range — 108 months' imprisonment — likely could not be characterized as a sentence "no greater than necessary to comply with purposes of sentencing," 18 U.S.C. § 3553(a), the district court imposed a sentence of 87 months' imprisonment — 21 months below the low end of the advisory guidelines range. The district court's sole written explanation of the sentence imposed reads:

13
There is no evidence in the record to indicate that the defendant has acted out against any child. The sentence of 87 months is sufficient, but not greater than necessary to comply with sentencing purpose.

14
R.14. Mr. Baker's time in prison will be followed by a lifetime of supervised release unless the probation office determines that supervision is no longer necessary.

II

DISCUSSION

15
On appeal, the Government contends that the 87-month sentence imposed by the district court is unreasonable, primarily because the district court failed to justify adequately, in writing, its downward departure from the advisory guidelines range. Specifically, according to the Government, the district court identified in writing only the lack of aggravating factors, see R.14 (concluding that "[t]here is no evidence in the record to indicate that the defendant has acted out against any child"), rather than the presence of mitigating factors, as required under the Guidelines to justify a departure from the advisory sentencing range. We review the sentence imposed by the district court, and its departure from the advisory sentencing range, for reasonableness in light of the factors specified in 18 U.S.C. § 3553(a). See United States v. Vaughn, 433 F.3d 917, 923-24 (7th Cir.2006).

16
Post-Booker, a district court has significantly more freedom than before Booker to fashion an appropriate sentence. Nevertheless, the district court is required to calculate properly the advisory sentencing range and to impose a sentence which takes into consideration the sentencing factors specified in 18 U.S.C. § 3553. Id. at 924. If the sentence falls within the advisory sentencing range recommended by the Guidelines, it is entitled to a rebuttable presumption of reasonableness, see United States v. Mykytiuk, 415 F.3d 606, 608 (7th Cir.2005); if, however, the district court chooses to depart from the advisory Guidelines, it must offer adequate justification for that departure, see Vaughn, 433 F.3d at 924. Although there is no bright line standard for how much explication is necessary to support a discretionary sentence that is significantly above or below the guidelines range, "the farther the judge's sentence departs from the guidelines sentence . . . the more compelling the justification based on factors in section 3553(a) that the judge must offer in order to enable the court of appeals to assess the reasonableness of the sentence imposed." United States v. Dean, 414 F.3d 725, 729 (7th Cir.2005).

17
Our task in the present case is not to decide whether 87 months' imprisonment could be a reasonable sentence; our function, as stipulated by the parties, is merely to assess whether the district court's choice of sentence was explained adequately. See United States v. Castro-Juarez, 425 F.3d 430, 433 (7th Cir.2005). The Government is correct to the extent that the district court's written statement, justifying the 87-month sentence, was short and includes little discussion of relevant § 3553(a) sentencing factors. See R.14. Nevertheless, we never have held that our review of the district court's rationale, and ultimately the reasonableness of the sentence it imposed, is limited to the reasoning set forth in a written statement. In similar contexts, we have held that, so long as the sentencing court provides an adequate rationale for its decision, it is irrelevant whether that rationale is contained in a written statement or, alternatively, was articulated orally at the sentencing hearing. See United States v. Ortiz, 431 F.3d 1035, 1042-43 (7th Cir. 2005) (holding that, in the course of determining whether conduct supporting an enhanced sentence was sufficiently related to the offense of conviction, we review both the district court's written statement of reasons and its statements at sentencing to determine the sufficiency of its rationale); United States v. Arroyo, 406 F.3d 881, 889 (7th Cir.2005) (same). We adopt that rule in this context, as well, and review for thoroughness the district court's reasoning for sentencing Mr. Baker below the advisory guidelines range as contained in its written statement and as articulated during the sentencing hearings.

18
The district court's rationale at Mr. Baker's sentencing hearing for departing from the advisory guidelines range is adequate and premised properly on the factors specified in § 3553(a). It also is sufficient to enable this court to "assess the reasonableness of the sentence imposed." Dean, 414 F.3d at 729. Specifically, at this hearing, the district court paid close attention to Mr. Baker's lack of a criminal history, his relatively young age, his religious background and his history of both employment and higher education. The court's consideration of these facts, in turn, coincides with the sentencing factors specified in § 3553(a). See 18 U.S.C. § 3553(a)(1) (directing sentencing courts to consider "the nature and circumstances of the offense and the history and characteristics of the defendant"). Also significant is the district court's finding that a prison term would mean more to Mr. Baker than to a defendant who previously had been imprisoned. Consideration of this factor is consistent with § 3553's directive that the sentence reflect the need for "just punishment," id. § 3553(a)(2)(A), and "adequate deterrence," id. § 3553(a)(2)(B). Moreover, recognizing the seriousness of the offense1 committed by Mr. Baker, the district court imposed special conditions designed to reduce the risk of Mr. Baker becoming a repeat offender, including a life-long term of supervised release, restrictions on future possession of child pornography and a prohibition on unsupervised contact with minors. This extended discussion, touching upon various significant § 3553(a) factors, was sufficiently proportional to the district court's deviation from the Guidelines to satisfy the requirements of Dean.

Conclusion

19
Because the district court properly considered and applied the sentencing factors specified in 18 U.S.C. § 3553(a), as well as adequately explained its rationale for departing from the advisory sentencing range, Mr. Baker's 87-month sentence cannot be considered unreasonable. Accordingly, we must affirm the judgment of the district court.

20
AFFIRMED.

Notes:

1
We recently recognized that, while the PROTECT Act does not make the Sentencing Guidelines binding on district courts in child pornography cases, district courts nevertheless are required to give respectful attention to Congress' manifest intent that child crimes, such as the offense involved in the present case, be punished with the severity they deserveSee United States v. Grigg, 442 F.3d 560 (7th Cir.2006). The district court's statements at the sentencing hearing demonstrate respect for these concerns. The court noted:

The Court must protect young children as best it can because they are really not in a positioned [sic] to protect themselves because of their immaturity, lack of experience, and common sense.

And there are children out there who are very aggressive sexually, who are shockingly advanced in their sexuality, and — but still they need protection from their own foolishness. The question here is how much incarceration is necessary to serve all of the purposes of sentencing and one of the most difficult decisions by a judge is making that determination.

As [the prosecutor] observed, the Sentencing Guidelines affords some guidance to the Court. They represent the considered judgment of Congress based upon the recommendations of scholars and others who have studied the situation, suggesting that a range of months should be a typical sentence imposed by this Court and any Court dealing with a similar situation. And that range of 108 to 135 months equates to approximately nine to 11 years. And the low end would be 108 months or nine years. The question in my mind then is nine years a sentence no greater than necessary to comply with the purposes of sentencing? One would like to impose a sentence that would not imprison the defendant for more than one day more than what is necessary.

R.18 at 38-39. Given the court's consideration of congressional goals in making unlawful the possession and distribution of child pornography, as well as the court's assessment of the facts of Mr. Baker's offense and his background and characteristics, we conclude that the court's discussion and the ultimate sentence imposed adequately reflects the seriousness of Mr. Baker's offenses, as required by Grigg.

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text: his

text: college

text: and

text: church

text: attendance

text: the

text: fact

text: that

text: his

text: mother

text: left

text: the

text: family

text: while

text: he

text: was

text: an

text: infant

text: his

text: father

text: s

text: itinerant

text: lifestyle

text: as

text: a

text: preacher

text: and

text: his

text: lack

text: of

text: any

text: criminal

text: record

text: He

text: also

text: attached

text: letters

text: from

text: family

text: friends

text: and

text: past

text: employers

text: attesting

text: to

text: his

text: good

text: character

text: and

text: employment

text: history

text: In

text: light

text: of

text: these

text: facts

text: Mr

text: Baker

text: submitted

text: that

text: a

text: sentence

text: of

text: months

text: imprisonment

text: was

text: appropriate

text: under

text: U

text: S

text: C

text: a

text: A

text: B

text: The

text: sentencing

text: hearing

text: was

text: held

text: on

text: April

text: At

text: this

text: hearing

text: Mr

text: Baker

text: called

text: the

text: Reverend

text: Dr

text: Kent

text: King

text: Nobles

text: the

text: minister

text: and

text: pastoral

text: counselor

text: at

text: Mr

text: Baker

text: s

text: church

text: who

text: testified

text: that

text: he

text: did

text: not

text: believe

text: Mr

text: Baker

text: was

text: a

text: danger

text: to

text: the

text: community

text: he

text: noted

text: however

text: that

text: Mr

text: Baker

text: probably

text: should

text: not

text: be

text: placed

text: in

text: a

text: position

text: where

text: he

text: is

text: working

text: with

text: children

text: R

text: at

text: Mr

text: Baker

text: also

text: called

text: Cary

text: Hendricks

text: the

text: director

text: of

text: youth

text: ministry

text: at

text: Mr

text: Baker

text: s

text: church

text: Hendricks

text: testified

text: based

text: on

text: his

text: observation

text: of

text: Mr

text: Baker

text: during

text: his

text: involvement

text: with

text: the

text: church

text: s

text: youth

text: ministry

text: that

text: he

text: did

text: not

text: consider

text: Mr

text: Baker

text: to

text: be

text: a

text: danger

text: to

text: society

text: he

text: also

text: noted

text: that

text: an

text: investigation

text: at

text: the

text: church

text: had

text: not

text: revealed

text: any

text: indication

text: of

text: inappropriate

text: contact

text: between

text: Mr

text: Baker

text: and

text: the

text: children

text: under

text: his

text: charge

text: Id

text: at

text: On

text: the

text: basis

text: of

text: this

text: testimony

text: defense

text: counsel

text: repeated

text: his

text: assertion

text: that

text: months

text: imprisonment

text: which

text: constitutes

text: the

text: mandatory

text: minimum

text: sentence

text: under

text: U

text: S

text: C

text: A

text: b

text: would

text: be

text: sufficient

text: to

text: deter

text: future

text: misconduct

text: particularly

text: if

text: combined

text: with

text: treatment

text: a

text: lengthy

text: supervised

text: release

text: period

text: and

text: close

text: monitoring

text: Id

text: at

text: In

text: response

text: the

text: Government

text: submitted

text: that

text: of

text: the

text: proposed

text: mitigating

text: factors

text: discussed

text: in

text: Mr

text: Baker

text: s

text: sentencing

text: memorandum

text: assessed

text: either

text: individually

text: or

text: collectively

text: really

text: takes

text: this

text: case

text: out

text: of

text: the

text: norm

text: Id

text: at

text: While

text: the

text: Government

text: conceded

text: that

text: Mr

text: Baker

text: s

text: good

text: background

text: religious

text: upbringing

text: lack

text: of

text: drug

text: or

text: alcohol

text: addiction

text: and

text: solid

text: educational

text: and

text: employment

text: history

text: were

text: unusual

text: in

text: this

text: courtroom

text: it

text: nevertheless

text: characterized

text: these

text: facts

text: as

text: merely

text: advantages

text: that

text: should

text: have

text: kept

text: Mr

text: Baker

text: from

text: turning

text: to

text: crime

text: Id

text: at

text: The

text: district

text: court

text: began

text: by

text: remarking

text: that

text: this

text: case

text: was

text: different

text: in

text: the

text: sense

text: that

text: the

text: defendant

text: is

text: not

text: and

text: does

text: not

text: have

text: the

text: appearance

text: of

text: a

text: dirty

text: old

text: man

text: who

text: hangs

text: out

text: at

text: playgrounds

text: preying

text: on

text: small

text: children

text: Id

text: at

text: The

text: court

text: acknowledged

text: Mr

text: Baker

text: s

text: representation

text: to

text: Detective

text: McLaughlin

text: that

text: he

text: had

text: had

text: sex

text: with

text: two

text: year

text: old

text: boys

text: but

text: gave

text: Mr

text: Baker

text: the

text: benefit

text: of

text: a

text: doubt

text: noting

text: that

text: Mr

text: Baker

text: later

text: recanted

text: this

text: version

text: of

text: events

text: and

text: that

text: there

text: was

text: no

text: evidence

text: that

text: he

text: was

text: not

text: merely

text: puffing

text: Id

text: at

text: but

text: see

text: id

text: at

text: remarking

text: that

text: although

text: there

text: is

text: no

text: evidence

text: that

text: Mr

text: Baker

text: has

text: ever

text: molested

text: a

text: child

text: perhaps

text: he

text: was

text: moving

text: in

text: that

text: direction

text: Given

text: Mr

text: Baker

text: s

text: crime

text: free

text: life

text: and

text: the

text: fact

text: that

text: a

text: term

text: of

text: imprisonment

text: would

text: probably

text: mean

text: more

text: to

text: him

text: and

text: have

text: a

text: greater

text: impact

text: than

text: on

text: someone

text: who

text: had

text: previous

text: experience

text: being

text: incarcerated

text: the

text: district

text: court

text: ultimately

text: concluded

text: that

text: a

text: lesser

text: term

text: of

text: imprisonment

text: was

text: appropriate

text: Id

text: Acknowledging

text: the

text: seriousness

text: of

text: the

text: offense

text: but

text: also

text: expressing

text: concern

text: that

text: the

text: low

text: end

text: of

text: the

text: advisory

text: range

text: months

text: imprisonment

text: likely

text: could

text: not

text: be

text: characterized

text: as

text: a

text: sentence

text: no

text: greater

text: than

text: necessary

text: to

text: comply

text: with

text: purposes

text: of

text: sentencing

text: U

text: S

text: C

text: a

text: the

text: district

text: court

text: imposed

text: a

text: sentence

text: of

text: months

text: imprisonment

text: months

text: below

text: the

text: low

text: end

text: of

text: the

text: advisory

text: guidelines

text: range

text: The

text: district

text: court

text: s

text: sole

text: written

text: explanation

text: of

text: the

text: sentence

text: imposed

text: reads

text: There

text: is

text: no

text: evidence

text: in

text: the

text: record

text: to

text: indicate

text: that

text: the

text: defendant

text: has

text: acted

text: out

text: against

text: any

text: child

text: The

text: sentence

text: of

text: months

text: is

text: sufficient

text: but

text: not

text: greater

text: than

text: necessary

text: to

text: comply

text: with

text: sentencing

text: purpose

text: R

text: Mr

text: Baker

text: s

text: time

text: in

text: prison

text: will

text: be

text: followed

text: by

text: a

text: lifetime

text: of

text: supervised

text: release

text: unless

text: the

text: probation

text: office

text: determines

text: that

text: supervision

text: is

text: no

text: longer

text: necessary

text: II

text: DISCUSSION

text: On

text: appeal

text: the

text: Government

text: contends

text: that

text: the

text: month

text: sentence

text: imposed

text: by

text: the

text: district

text: court

text: is

text: unreasonable

text: primarily

text: because

text: the

text: district

text: court

text: failed

text: to

text: justify

text: adequately

text: in

text: writing

text: its

text: downward

text: departure

text: from

text: the

text: advisory

text: guidelines

text: range

text: Specifically

text: according

text: to

text: the

text: Government

text: the

text: district

text: court

text: identified

text: in

text: writing

text: only

text: the

text: lack

text: of

text: aggravating

text: factors

text: see

text: R

text: concluding

text: that

text: t

text: here

text: is

text: no

text: evidence

text: in

text: the

text: record

text: to

text: indicate

text: that

text: the

text: defendant

text: has

text: acted

text: out

text: against

text: any

text: child

text: rather

text: than

text: the

text: presence

text: of

text: mitigating

text: factors

text: as

text: required

text: under

text: the

text: Guidelines

text: to

text: justify

text: a

text: departure

text: from

text: the

text: advisory

text: sentencing

text: range

text: We

text: review

text: the

text: sentence

text: imposed

text: by

text: the

text: district

text: court

text: and

text: its

text: departure

text: from

text: the

text: advisory

text: sentencing

text: range

text: for

text: reasonableness

text: in

text: light

text: of

text: the

text: factors

text: specified

text: in

text: U

text: S

text: C

text: a

text: See

text: United

text: States

text: v

text: Vaughn

text: F

text: d

text: th

text: Cir

text: Post

text: Booker

text: a

text: district

text: court

text: has

text: significantly

text: more

text: freedom

text: than

text: before

text: Booker

text: to

text: fashion

text: an

text: appropriate

text: sentence

text: Nevertheless

text: the

text: district

text: court

text: is

text: required

text: to

text: calculate

text: properly

text: the

text: advisory

text: sentencing

text: range

text: and

text: to

text: impose

text: a

text: sentence

text: which

text: takes

text: into

text: consideration

text: the

text: sentencing

text: factors

text: specified

text: in

text: U

text: S

text: C

text: Id

text: at

text: If

text: the

text: sentence

text: falls

text: within

text: the

text: advisory

text: sentencing

text: range

text: recommended

text: by

text: the

text: Guidelines

text: it

text: is

text: entitled

text: to

text: a

text: rebuttable

text: presumption

text: of

text: reasonableness

text: see

text: United

text: States

text: v

text: Mykytiuk

text: F

text: d

text: th

text: Cir

text: if

text: however

text: the

text: district

text: court

text: chooses

text: to

text: depart

text: from

text: the

text: advisory

text: Guidelines

text: it

text: must

text: offer

text: adequate

text: justification

text: for

text: that

text: departure

text: see

text: Vaughn

text: F

text: d

text: at

text: Although

text: there

text: is

text: no

text: bright

text: line

text: standard

text: for

text: how

text: much

text: explication

text: is

text: necessary

text: to

text: support

text: a

text: discretionary

text: sentence

text: that

text: is

text: significantly

text: above

text: or

text: below

text: the

text: guidelines

text: range

text: the

text: farther

text: the

text: judge

text: s

text: sentence

text: departs

text: from

text: the

text: guidelines

text: sentence

text: the

text: more

text: compelling

text: the

text: justification

text: based

text: on

text: factors

text: in

text: section

text: a

text: that

text: the

text: judge

text: must

text: offer

text: in

text: order

text: to

text: enable

text: the

text: court

text: of

text: appeals

text: to

text: assess

text: the

text: reasonableness

text: of

text: the

text: sentence

text: imposed

text: United

text: States

text: v

text: Dean

text: F

text: d

text: th

text: Cir

text: Our

text: task

text: in

text: the

text: present

text: case

text: is

text: not

text: to

text: decide

text: whether

text: months

text: imprisonment

text: could

text: be

text: a

text: reasonable

text: sentence

text: our

text: function

text: as

text: stipulated

text: by

text: the

text: parties

text: is

text: merely

text: to

text: assess

text: whether

text: the

text: district

text: court

text: s

text: choice

text: of

text: sentence

text: was

text: explained

text: adequately

text: See

text: United

text: States

text: v

text: Castro

text: Juarez

text: F

text: d

text: th

text: Cir

text: The

text: Government

text: is

text: correct

text: to

text: the

text: extent

text: that

text: the

text: district

text: court

text: s

text: written

text: statement

text: justifying

text: the

text: month

text: sentence

text: was

text: short

text: and

text: includes

text: little

text: discussion

text: of

text: relevant

text: a

text: sentencing

text: factors

text: See

text: R

text: Nevertheless

text: we

text: never

text: have

text: held

text: that

text: our

text: review

text: of

text: the

text: district

text: court

text: s

text: rationale

text: and

text: ultimately

text: the

text: reasonableness

text: of

text: the

text: sentence

text: it

text: imposed

text: is

text: limited

text: to

text: the

text: reasoning

text: set

text: forth

text: in

text: a

text: written

text: statement

text: In

text: similar

text: contexts

text: we

text: have

text: held

text: that

text: so

text: long

text: as

text: the

text: sentencing

text: court

text: provides

text: an

text: adequate

text: rationale

text: for

text: its

text: decision

text: it

text: is

text: irrelevant

text: whether

text: that

text: rationale

text: is

text: contained

text: in

text: a

text: written

text: statement

text: or

text: alternatively

text: was

text: articulated

text: orally

text: at

text: the

text: sentencing

text: hearing

text: See

text: United

text: States

text: v

text: Ortiz

text: F

text: d

text: th

text: Cir

text: holding

text: that

text: in

text: the

text: course

text: of

text: determining

text: whether

text: conduct

text: supporting

text: an

text: enhanced

text: sentence

text: was

text: sufficiently

text: related

text: to

text: the

text: offense

text: of

text: conviction

text: we

text: review

text: both

text: the

text: district

text: court

text: s

text: written

text: statement

text: of

text: reasons

text: and

text: its

text: statements

text: at

text: sentencing

text: to

text: determine

text: the

text: sufficiency

text: of

text: its

text: rationale

text: United

text: States

text: v

text: Arroyo

text: F

text: d

text: th

text: Cir

text: same

text: We

text: adopt

text: that

text: rule

text: in

text: this

text: context

text: as

text: well

text: and

text: review

text: for

text: thoroughness

text: the

text: district

text: court

text: s

text: reasoning

text: for

text: sentencing

text: Mr

text: Baker

text: below

text: the

text: advisory

text: guidelines

text: range

text: as

text: contained

text: in

text: its

text: written

text: statement

text: and

text: as

text: articulated

text: during

text: the

text: sentencing

text: hearings

text: The

text: district

text: court

text: s

text: rationale

text: at

text: Mr

text: Baker

text: s

text: sentencing

text: hearing

text: for

text: departing

text: from

text: the

text: advisory

text: guidelines

text: range

text: is

text: adequate

text: and

text: premised

text: properly

text: on

text: the

text: factors

text: specified

text: in

text: a

text: It

text: also

text: is

text: sufficient

text: to

text: enable

text: this

text: court

text: to

text: assess

text: the

text: reasonableness

text: of

text: the

text: sentence

text: imposed

text: Dean

text: F

text: d

text: at

text: Specifically

text: at

text: this

text: hearing

text: the

text: district

text: court

text: paid

text: close

text: attention

text: to

text: Mr

text: Baker

text: s

text: lack

text: of

text: a

text: criminal

text: history

text: his

text: relatively

text: young

text: age

text: his

text: religious

text: background

text: and

text: his

text: history

text: of

text: both

text: employment

text: and

text: higher

text: education

text: The

text: court

text: s

text: consideration

text: of

text: these

text: facts

text: in

text: turn

text: coincides

text: with

text: the

text: sentencing

text: factors

text: specified

text: in

text: a

text: See

text: U

text: S

text: C

text: a

text: directing

text: sentencing

text: courts

text: to

text: consider

text: the

text: nature

text: and

text: circumstances

text: of

text: the

text: offense

text: and

text: the

text: history

text: and

text: characteristics

text: of

text: the

text: defendant

text: Also

text: significant

text: is

text: the

text: district

text: court

text: s

text: finding

text: that

text: a

text: prison

text: term

text: would

text: mean

text: more

text: to

text: Mr

text: Baker

text: than

text: to

text: a

text: defendant

text: who

text: previously

text: had

text: been

text: imprisoned

text: Consideration

text: of

text: this

text: factor

text: is

text: consistent

text: with

text: s

text: directive

text: that

text: the

text: sentence

text: reflect

text: the

text: need

text: for

text: just

text: punishment

text: id

text: a

text: A

text: and

text: adequate

text: deterrence

text: id

text: a

text: B

text: Moreover

text: recognizing

text: the

text: seriousness

text: of

text: the

text: offense

text: committed

text: by

text: Mr

text: Baker

text: the

text: district

text: court

text: imposed

text: special

text: conditions

text: designed

text: to

text: reduce

text: the

text: risk

text: of

text: Mr

text: Baker

text: becoming

text: a

text: repeat

text: offender

text: including

text: a

text: life

text: long

text: term

text: of

text: supervised

text: release

text: restrictions

text: on

text: future

text: possession

text: of

text: child

text: pornography

text: and

text: a

text: prohibition

text: on

text: unsupervised

text: contact

text: with

text: minors

text: This

text: extended

text: discussion

text: touching

text: upon

text: various

text: significant

text: a

text: factors

text: was

text: sufficiently

text: proportional

text: to

text: the

text: district

text: court

text: s

text: deviation

text: from

text: the

text: Guidelines

text: to

text: satisfy

text: the

text: requirements

text: of

text: Dean

text: Conclusion

text: Because

text: the

text: district

text: court

text: properly

text: considered

text: and

text: applied

text: the

text: sentencing

text: factors

text: specified

text: in

text: U

text: S

text: C

text: a

text: as

text: well

text: as

text: adequately

text: explained

text: its

text: rationale

text: for

text: departing

text: from

text: the

text: advisory

text: sentencing

text: range

text: Mr

text: Baker

text: s

text: month

text: sentence

text: cannot

text: be

text: considered

text: unreasonable

text: Accordingly

text: we

text: must

text: affirm

text: the

text: judgment

text: of

text: the

text: district

text: court

text: AFFIRMED

text: Notes

text: We

text: recently

text: recognized

text: that

text: while

text: the

text: PROTECT

text: Act

text: does

text: not

text: make

text: the

text: Sentencing

text: Guidelines

text: binding

text: on

text: district

text: courts

text: in

text: child

text: pornography

text: cases

text: district

text: courts

text: nevertheless

text: are

text: required

text: to

text: give

text: respectful

text: attention

text: to

text: Congress

text: manifest

text: intent

text: that

text: child

text: crimes

text: such

text: as

text: the

text: offense

text: involved

text: in

text: the

text: present

text: case

text: be

text: punished

text: with

text: the

text: severity

text: they

text: deserveSee

text: United

text: States

text: v

text: Grigg

text: F

text: d

text: th

text: Cir

text: The

text: district

text: court

text: s

text: statements

text: at

text: the

text: sentencing

text: hearing

text: demonstrate

text: respect

text: for

text: these

text: concerns

text: The

text: court

text: noted

text: The

text: Court

text: must

text: protect

text: young

text: children

text: as

text: best

text: it

text: can

text: because

text: they

text: are

text: really

text: not

text: in

text: a

text: positioned

text: sic

text: to

text: protect

text: themselves

text: because

text: of

text: their

text: immaturity

text: lack

text: of

text: experience

text: and

text: common

text: sense

text: And

text: there

text: are

text: children

text: out

text: there

text: who

text: are

text: very

text: aggressive

text: sexually

text: who

text: are

text: shockingly

text: advanced

text: in

text: their

text: sexuality

text: and

text: but

text: still

text: they

text: need

text: protection

text: from

text: their

text: own

text: foolishness

text: The

text: question

text: here

text: is

text: how

text: much

text: incarceration

text: is

text: necessary

text: to

text: serve

text: all

text: of

text: the

text: purposes

text: of

text: sentencing

text: and

text: one

text: of

text: the

text: most

text: difficult

text: decisions

text: by

text: a

text: judge

text: is

text: making

text: that

text: determination

text: As

text: the

text: prosecutor

text: observed

text: the

text: Sentencing

text: Guidelines

text: affords

text: some

text: guidance

text: to

text: the

text: Court

text: They

text: represent

text: the

text: considered

text: judgment

text: of

text: Congress

text: based

text: upon

text: the

text: recommendations

text: of

text: scholars

text: and

text: others

text: who

text: have

text: studied

text: the

text: situation

text: suggesting

text: that

text: a

text: range

text: of

text: months

text: should

text: be

text: a

text: typical

text: sentence

text: imposed

text: by

text: this

text: Court

text: and

text: any

text: Court

text: dealing

text: with

text: a

text: similar

text: situation

text: And

text: that

text: range

text: of

text: to

text: months

text: equates

text: to

text: approximately

text: nine

text: to

text: years

text: And

text: the

text: low

text: end

text: would

text: be

text: months

text: or

text: nine

text: years

text: The

text: question

text: in

text: my

text: mind

text: then

text: is

text: nine

text: years

text: a

text: sentence

text: no

text: greater

text: than

text: necessary

text: to

text: comply

text: with

text: the

text: purposes

text: of

text: sentencing

text: One

text: would

text: like

text: to

text: impose

text: a

text: sentence

text: that

text: would

text: not

text: imprison

text: the

text: defendant

text: for

text: more

text: than

text: one

text: day

text: more

text: than

text: what

text: is

text: necessary

text: R

text: at

text: Given

text: the

text: court

text: s

text: consideration

text: of

text: congressional

text: goals

text: in

text: making

text: unlawful

text: the

text: possession

text: and

text: distribution

text: of

text: child

text: pornography

text: as

text: well

text: as

text: the

text: court

text: s

text: assessment

text: of

text: the

text: facts

text: of

text: Mr

text: Baker

text: s

text: offense

text: and

text: his

text: background

text: and

text: characteristics

text: we

text: conclude

text: that

text: the

text: court

text: s

text: discussion

text: and

text: the

text: ultimate

text: sentence

text: imposed

text: adequately

text: reflects

text: the

text: seriousness

text: of

text: Mr

text: Baker

text: s

text: offenses

text: as

text: required

text: by

text: Grigg