United States First Circuit

In a case in which a defendant pleaded guilty to four counts of transporting and one count of possessing child pornography and was sentenced on all five counts, the defendant's double jeopardy challenge is rejected, where: 1) the allegations limned in the indictment and admitted by the appellant during the change-of-plea colloquy comprised a rational factual basis for a finding that the defendant committed, was convicted of, and was sentenced for five discrete crimes; and 2) the record disclosed a factual basis for the commission of four separate acts of criminal transportation.

Appellate Information

• Decided 05/08/2012
• Published 05/08/2012

Judges

• Selya

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Jay Markell, Carmen M. Ortiz