Opinion
7:21-cr-9 (WLS)
06-12-2023
UNITED STATES, v. RICARDO E GARCIA, Defendant.
ORDER
W. LOUIS SANDS, SR. JUDGE UNITED STATES DISTRICT COURT
On May 31, 2023, this Court sentenced Defendant, Ricardo E. Garcia, on two Counts of Possession of Child Pornography, in violation of 18 U.S.C. § 2252A(a)(5)(B) & 2252A(b)(2) to sixty (60) months imprisonment, to run concurrently, for a total term of sixty (60) months. At the sentencing hearing, the Court addressed the Defendant's Motion for a Downward Variance (Doc. 60), which was in effect was a policy objection to Defendant's total offense level calculation. The Court overruled Defendant's policy objection (Doc. 60), but ultimately varied downwards pursuant to 18 U.S.C. § 3553 in the exercise of the Court's discretion.
Accordingly, Defendant's Motion for a Downward Variance (Doc. 60) on the grounds asserted was DENIED at the sentencing hearing. The Court enters this Order to memorialize its oral rulings at the sentencing hearing and for clarity of the record.
SO ORDERED.