Brown: Upward variance supported by depraved online chats

In U.S. v. Brown, No. 13-13670 (Nov. 25, 2014), the Court affirmed a 240-month sentence for possession and receipt of child pornography. The Court recognized that as a result of an upward variance, the 240-month sentence was well above the applicable Guidelines range of 78 to 97 months. But Brown failed to show that the upward variance was unreasonable. The Court noted the district court’s reference to the self-evident danger to society posed by Brown, as demonstrated by his “depraved” online chats and interest in the abduction, sexual molestation, murder, and cannibalization of children.