US v. Chance Christian Kennedy

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:14-cr-00127-CCE-1 Copies to all parties and the district court/agency. [999613805].. [14-4747]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-4747

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CHANCE CHRISTIAN KENNEDY,
Defendant - Appellant.

Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. Catherine C. Eagles,
District Judge. (1:14-cr-00127-CCE-1)

Submitted:

June 19, 2015

Decided:

July 2, 2015

Before NIEMEYER and AGEE, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Affirmed by unpublished per curiam opinion.

Louis C. Allen, Federal Public Defender, Eric D. Placke, First
Assistant Federal Public Defender, Greensboro, North Carolina,
for Appellant.
Ripley Rand, United States Attorney, Anand P.
Ramaswamy, Assistant United States Attorney, Greensboro, North
Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Chance

Christian

Kennedy

appeals

the

240-month

sentence

imposed following his guilty plea to transportation of child
pornography,

in

violation

of

18

U.S.C.

§ 2252A

(2012).

On

appeal, Kennedy challenges the substantive reasonableness of his
sentence.
We

For the reasons that follow, we affirm.
review

“deferential

a

sentence

for

reasonableness,

abuse-of-discretion

standard.”

applying

Gall

v.

a

United

States, 552 U.S. 38, 41 (2007).

Where, as here, no significant

procedural

we

error

reasonableness

of

is

alleged,

the

sentence,

totality of the circumstances.”

examine

“tak[ing]

the

substantive

into

Id. at 51.

account

the

The sentence must

be “sufficient, but not greater than necessary,” to satisfy the
goals

of

presume

sentencing.
on

appeal

See
that

substantively reasonable.

18
a

U.S.C.

§ 3553(a)

within-Guidelines

(2012).

We

sentence

is

United States v. Louthian, 756 F.3d

295, 306 (4th Cir.), cert. denied, 135 S. Ct. 421 (2014).

The

defendant bears the burden to rebut this presumption “by showing
that

the

sentence

is

unreasonable

18 U.S.C. § 3553(a) factors.”
Kennedy

first

asserts

when

measured

against

the

apply

the

Id.
that

we

should

not

presumption of reasonableness to sentences for child pornography
offenses, as the child pornography Sentencing Guidelines did not
result

from

the

Sentencing

Commission’s
2

typical

empirical

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approach,

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but

instead

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are

the

result

of

Congressional

intervention designed to increase penalties applicable to child
pornography offenses.

This argument amounts to a policy attack

on the relevant Guidelines, which we have previously rejected.
United States v. Strieper, 666 F.3d 288, 295-96 (4th Cir. 2012);
accord United States v. Mondragon-Santiago, 564 F.3d 357, 367
(5th Cir. 2009) (explaining that, although district courts are
authorized to disagree with Guidelines on policy grounds and to
adjust sentences accordingly, “we will not second-guess their
decisions

under

a

more

lenient

standard

simply

because

the

particular Guideline is not empirically-based”).
Kennedy also argues that, notwithstanding any presumption
of

reasonableness

greater

than

sentencing.

applied

necessary

to
to

his

sentence,

meet

the

the

sentence

statutory

goals

is
of

Kennedy focuses on his own youth, developmental and

learning disabilities, and lack of prior criminal history in
asserting that a more lenient sentence was required.

However,

the district court considered these factors in fashioning its
sentence,

ultimately

Guidelines

range

circumstances
seriousness,
public.

of
to

The

particularly

concluding

was
the

inappropriate
offense

provide
court

serious

that

just

and

sentence

given

the

need

punishment,

observed
given

a

the
3

that
number

and

below

the

the

nature

and

to

reflect

its

to

protect

the

Kennedy’s
of

victims

offense
and

was

images

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involved, Kennedy’s failure to be deterred by contact with law
enforcement, and his “striking” cruelty and exploitation of his
victims.
Kennedy

In view of these valid considerations, we conclude
fails

to

rebut

the

presumption

of

reasonableness

accorded his sentence.
We affirm the district court’s judgment.
oral

argument

adequately

because

presented

in

the
the

facts

and

materials

legal
before

We dispense with
contentions
this

court

are
and

argument would not aid the decisional process.
AFFIRMED

4