Demma v. United States

(1) Whether the discretion recognized under Kimbrough v. United States for a district court to vary from the U.S. Sentencing Commission's sentencing guidelines based on a policy disagreement applies to the child pornography guidelines, as held by the U.S. Courts of Appeals for the 2nd, 3rd and 9th Circuits, or whether that discretion is limited or foreclosed altogether, as held by the U.S. Courts of Appeals for the 5th, 6th and 11th Circuits; and (2) whether substantive-reasonableness review under Gall v. United States requires an appeals court to reassess the relative weight assigned by the district court to each of the 18 U.S.C. § 3553(a) factors, as held by the U.S. Courts of Appeals for the 6th and 11th Circuits, or whether such reweighing is impermissible, as held by the U.S. Courts of Appeals for the 1st, 2nd and 10th Circuits.