In a conviction of defendant for possession of child pornography, district court's imposition of 5 years of probation and an order to pay a $3000 fine is vacated and remanded as, the court erred by failing to provide an adequate explanation of why a term of imprisonment is not warranted in light of applicable policy statements.
Argued: December 4, 2009
Decided: February 11, 2010
Opinion by Circuit Judge Shedd
For Appellant: Joe Exum, Jr., Office of the US Attorney
For Appellee: Eric Joseph Brignac, Office of the Federal Public Defender