Upward Variance in Child Porn Case Affirmed

U.S. v. Ray, 2009 WL 1133133 (4/28/09) (unpub'd) - The 10th affirms upward variance for transporting child porn from 180-210 months to 270 months because the defendant was a danger to the public, as evidenced by a very bad psychosexual evaluation. The d. ct. adequately considered the defendant's offer to be chemically castrated by explaining its variance grounds, even though the court didn't mention the castration proposal.