United States v. Basil Herbst

MEMORANDUM

Basil Peter Herbst (“Defendant”) appeals the district court’s judgment imposing a sentence of seventy years for his conviction of nine counts of sexual exploitation of children in violation of 18 U.S.C. § 2251 (a), eight counts of sexual exploitation of children in violation of 18 U.S.C. § 2251 (b), one count of transportation of child pornography in violation of 18 U.S.C. § 2252A(a)(2), one count of receipt of child pornography in violation of 18 U.S.C. § 2252A(a)(2), one count of possession of child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B), and one related count of criminal forfeiture under 18 U.S.C. § 2253 (a)(3). We affirm.

Defendant challenges his sentence as unreasonable. “Regardless of whether the sentence imposed is inside or outside the Guidelines range, the appellate court must review the sentence under an abuse-of-discretion standard.” Gall v. United States, 552 U.S. 38, 51 , 128 S.Ct. 586 , 169 L.Ed.2d 445 (2007). The appellate court reviews only whether the sentence was reasonable. United States v. Carty, 520 F.3d 984, 993 (9th Cir.2008) (en banc). “[Ojnly a procedurally erroneous or substantively unreasonable sentence will be set aside.”…