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United States of America v. Alan Suschanke

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Submitted: April 14, 2011

Before RILEY, Chief Judge, BENTON and SHEPHERD, Circuit Judges.

Alan Suschanke pled guilty to possessing child pornography, in violation of 18 U.S.C. § 2252A(a)(5)(B) and § 2. Suschanke and his adult son, Matthew, shared an IBM computer containing more than 600 images of child pornography. The Suschankes’ child pornography collection consisted of video clips and still pictures of prepubescent minors with some engaging in sadistic and masochistic conduct. After calculating an advisory United States Sentencing Guidelines (Guidelines) range of 78 to 97 months of imprisonment (level 28, category I), the district court*fn1 varied downward 18 months from the bottom of the range and sentenced Suschanke to 60 months imprisonment. Suschanke appeals his sentence, which he asserts is procedurally and substantively unreasonable.

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