United States First Circuit

Sentence for possession of child pornography is affirmed where: 1) defendant suffered no prejudice by the lateness of the government's submission of a sentence enhancement; 2) there was no evidence in the record that indicated a likelihood of vindictiveness on the part of the prosecution in seeking a sentence enhancement after defendant's assertion of his right to counsel; 3) the district court did not err by increasing defendant's total offense level by five for the possession of 600 or more images; and 4) there was sufficient evidence for sentencing.

Appellate Information

• Decided 11/17/2006
• Published 11/17/2006

Judges

• TORRUELLA, Circuit Judge., Before BOUDIN, Chief Judge, TORRUELLA, Circuit Judge, and SCHWARZER, Senior District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Melvin Norris, with whom Richard J. Farrell was on brief, for appellant.


• For Appellees:
  
• Dana Gershengorn, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief, for appellee.