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Home / Courts / 4th Circuit / Criminal Practice — Sentencing Increase Was ‘Harmless Error’ (access required)

Criminal Practice — Sentencing Increase Was ‘Harmless Error’ (access required)

U.S. v. Dowell (Lawyers Weekly No. 14-01-1088, 32 pp.) (Grimm, D.J.) No. 13-4576, Nov. 13, 2014; USDC at Harrisonburg, Va. (Urbanski, J.) 4th Cir. Holding: In sentencing defendant on child pornography charges, a district court incorrectly applied a “vulnerable victim” upward adjustment under USSG § 3A1.1(b)(1), based on a victim’s age-related cognitive development and psychological vulnerability, ...

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