Finding that a sentence of four months in prison was too lenient for a man who confessed to possessing child pornography, the 3rd U.S. Circuit Court of Appeals has ruled that a New Jersey federal judge improperly ignored the federal sentencing guidelines that called for a prison term in the range of 37 to 46 months.
Although the guidelines are now merely advisory, U.S. Circuit Judge Kent A. Jordan said the 3rd Circuit has already held that judges must continue to calculate the guidelines range and must consider all of the sentencing factors mandated by Congress before imposing sentence.
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