Hill

United States v. Hill

Good Law
242 F. App'x 410
United States Court of Appeals for the Ninth CircuitJune 12, 2007No. 06-50555California332 words

Opinion

Lead Opinion

MEMORANDUM **

David Michael Hill pled guilty to possession of child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B) in January 2004. He now challenges his 27-month sentence as unreasonable and argues that the district court improperly relied on activities protected by the First Amendment in imposing his sentence. We disagree.

As the district court noted, a 27-month sentence is appropriate in light of the need to avoid sentencing disparities, the serious nature and circumstances of Hill’s offense and the Guidelines-recommended range of 27 to 33 months imprisonment. See 18 U.S.C. § 3553 (a). For the reasons set out by the district court, Hill’s sentence is not unreasonable under any standard of review. Nor was the district court’s sentence unreasonable because it did not take into consideration disparities between federal and state sentences for Hill’s crime. See United States v. Williams, 282 F.3d 679, 682 (9th Cir.2002).

The district court’s consideration of Hill’s conversations and stories involving children in sexually explicit situations did not violate the First Amendment. The materials were relevant to Hill’s risk of recidivism and were not considered for any *412…

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