1. In the post-Booker world of non-mandatory guidelines, is it an abuse of discretion to refuse to reject a guideline on policy grounds where the guideline is manifestly not based on the United States Sentencing Commission's exercise of its characteristic institutional role, but is instead based on political concerns; and

2. Is U.S.S.G. §2G2.1, as applicable to the production of child pornography, a guideline not based on the Sentencing Commission's exercise of its characteristic institutional role?

Whether a district court can refuse to apply a sentencing guideline on policy grounds where the guideline is not based on the Sentencing Commission's characteristic institutional role