d States v. Booker, 125 S. Ct. 738 (2005). 237 See, e.g., United States v. Wilson, 350 F. Supp. 2d 910, 912 (D. Utah 2005) (giving "heavy weight" to Guidelines recommendation). 238 See, e.g., United States v. Dalton, 404 F.3d 1029 (8th Cir. 2005); United States v. Rogers, 400 F.3d 640 (8th Cir. 2005). 239

if the government determined that he had provided substantial assistance, the government would move at sentencing for a downward departure from the Guidelines as provided for in U.S.S.G. § 5K1.1 and/or the statutory mandatory minimum term of imprisonment pursuant to 18 U.S.C. § 3553(e). At sentencing, th

3553(aH2)(Al. Third, the sentence imposed did not reflect consideration of "any pertinent policy statement," 18 U.S.C. 6 3553(a)(5), despite the Guidelines' express policy statement for child pornography cases just like Pugh's. As early as the 2002 Guidelines Manual, the version applicable to Pugh's s