Sentence for knowingly transporting and shipping child pornography in interstate or foreign commerce is affirmed where: 1) the district court did not commit procedural error in sentencing defendant as the record shows the court understood its discretion under Kimbrough and chose not to use its Kimbrough power in sentencing defendant; and 2) defendant's sentence is not unreasonable as it is based on a plausible rationale and represents a defensible result.
Appeal from the United States District Court for the District of Maine.
Decided August 5, 2009
Before Torruella, and Selya, Circuit Judges, and Tashima, Senior Circuit Judge
Opinion by Torruella, Circuit Judge.
For Appellant: Charles W. Rankin.
For Appellee: Mysti Dawn Degani.