United States v. Joseph McClendon

MEMORANDUM

Joseph Aaron McClendon pled guilty to possession of child pornography, in violation of 18 U.S.C. § 2252 (a)(4)(B). The United States appeals the 83-day “time served” sentence imposed by the district court, arguing that the district court committed procedural error by failing to explain the substantial downward variance. The United States also argues that McClendon’s sentence, which amounted to a downward variance of ninety-seven (97) percent from the low-end of the applicable Guidelines range, was substantively unreasonable. We have jurisdiction under 28 U.S.C. § 1291 .

Because the government failed to object to McClendon’s sentence, the plain-error standard governs our review of whether the district court committed procedural error. United States v. Evans-Martinez, 530 F.3d 1164, 1167 (9th Cir.2008). We review the substantive reasonableness of the sentence for abuse of discretion. United States v. Autery, 555 F.3d 864, 871 (9th Cir.2009). We conclude that the district court committed plain procedural error, and we vacate and remand for resen-tencing.

A district court must “adequately explain the chosen sentence to allow for meaningful appellate review and to promote…