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U.S. v. DOWELL

No. 13-4576.

771 F.3d 162 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. John Stuart DOWELL, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: November 13, 2014.

Attorney(s) appearing for the Case

ARGUED: Russell Darren Bostic , Bostic & Bostic, PC, Harrisonburg, Virginia, for Appellant. Nancy Spodick Healey , Office of The United States Attorney, Charlottesville, Virginia, for Appellee. ON BRIEF: Darcy Katzin , Child Exploitation & Obscenity Division, United States Department of Justice, Washington, D.C.; Timothy J. Heaphy , United States Attorney, Office of The United States Attorney, Roanoke, Virginia, for Appellee.

Affirmed by published opinion. Judge GRIMM wrote the opinion, in which Judge DIAZ and Judge THACKER joined.

GRIMM, District Judge:

John Stuart Dowell, having pleaded guilty to twelve counts of production of child pornography and one count of transportation of child pornography, appeals his 960-month sentence. On appeal, Dowell argues that his sentence violates the Eighth Amendment's prohibition of cruel and unusual punishment and is both procedurally and substantively unreasonable under 18 U.S.C. § 3553(a).

We hold that the district court erred in its Guidelines...

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