U.S. v. LYCHOCK

No. 06-3311.

578 F.3d 214 (2009)

UNITED STATES of America, Appellant v. George R. LYCHOCK.

United States Court of Appeals, Third Circuit.

Filed August 25, 2009.


Attorney(s) appearing for the Case

Sabrina G. Comizzoli, Esquire, Christopher J. Christie, Esquire, Caroline A. Sadlowski, Esquire, (Argued), Assistant United States Attorney, George S. Leone, Esquire, Chief, Appeals Division, Office of the United States Attorney, Newark, NJ, for Appellant.

Paul B. Brickfield, Esquire, (Argued), Brickfield & Donahue, River Edge, NJ, for Appellee.

Before RENDELL and ROTH, Circuit Judges and PADOVA, Senior District Judge.


OPINION

ROTH, Circuit Judge:

The government appeals a sentence of five years probation and a $10,000 fine imposed on George Lychock for his knowing possession of between 150 and 300 images of child pornography. The applicable Sentencing Guidelines range, as both parties had agreed, was 30 to 37 months. We agree with the government that Lychock's sentence was procedurally and substantively unreasonable. We will vacate...

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