United States Sixth Circuit

Defendant's child pornography conviction and sentence are affirmed, where 1) the affidavit in support of the search of Defendant's home provided probable cause to believe that the images at issue included real children; and 2) the government may decline to move for a reduction in a defendant's sentence under U.S.S.G. section 3E1.1(b), so long as the decision does not rest on a constitutionally impermissible factor and is not arbitrary.

Appellate Information

• Decided 07/07/2009
• Published 07/07/2009

Judges

• Before:  BATCHELDER and COLE, Circuit Judges;  LAWSON, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  H. Louis Sirkin, Sirkin Pinales & Schwartz LLP, Cincinnati, Ohio, for Appellant.  Christy L. Muncy, Assistant United States Attorney, Cincinnati, Ohio, for Appellee.   ON BRIEF:  H. Louis Sirkin, Scott Ryan Nazzarine, Sirkin Pinales & Schwartz LLP, Cincinnati, Ohio, for Appellant.  Christy L. Muncy, Assistant United States Attorney, Cincinnati, Ohio, for Appellee.