DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
112121P.pdf 01/04/2012 United States v. Darrin Anderson
U.S. Court of Appeals Case No: 11-2121
U.S. District Court for the District of North Dakota - Fargo
[PUBLISHED] [Smith, Author, with Bye and Colloton, Circuit Judges]
Criminal Case - Sentencing. District court properly considered the
3553(a) factors and varied upward from the Guidelines range due the
egregiousness of defendant's conduct, the potential for unwarranted
sentencing disparities and the desire to protect the public; as a result, the
sentence was substantively reasonable; the district court did not plainly err
in imposing a special condition of supervised release which included a
lifetime ban on alcohol consumption; while the court should have more
fully articulated its reasoning for imposing a lifetime ban on the
possession of material depicting or describing sexually explicit conduct,
that error does not require reversal in light of the sentencing record, and
the imposition of the special condition is affirmed.