Ackerman

United States v. Ackerman

Good Law
197 F. App'x 711
United States Court of Appeals for the Ninth CircuitAugust 21, 2006No. 05-30044California282 words

Opinion

Lead Opinion

MEMORANDUM **

Leslie Eric Ackerman appeals his 180-month sentence for aggravated sexual assault. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

Ackerman’s sentence was reasonable. The district court articulated circumstances that, under 18 U.S.C. § 3558 (a), justified a sentence in excess of the advisory Guidelines range. The “appalling” nature of the crime, the very tender age of the victim, the repeated nature of the abuse, and the incalculable harm to the victim all support the district court’s conclusion that Ackerman was particularly “dangerous” and that an above-Guidelines sentence was required to appropriately punish him and to protect the public. See United States v. Mix, 450 F.3d 375 (9th Cir.2006), amended and superseded by 457 F.3d 906 , 2006 WL 2268636 (9th Cir. Aug. 9, 2006) (approving as reasonable an above-guideline sentence where the district court found that “the guidelines [did] not sufficiently provide for the heinous, brutal, continued nature [of the violence against] the victims”); see also United States v. Mohamed, 459 F.3d 979 , 2006 WL 2328722, at *7 (9th Cir. Aug. 11, 2006) (approving an above-guidelines sentence where the district court…

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