United States First Circuit

Sentence and conviction of producing child pornography, 18 U.S.C. section 2251(a), and possessing child pornography, 18 U.S.C. section 2252(a)(4)(B), are affirmed where: 1) the district court acted within its discretion in denying a further evidentiary hearing beyond what was already done at sentencing; 2) although the magistrate judge did advise defendant at his change of plea hearing that he faced a potential term of life imprisonment, this error was neither plain nor prejudicial; and 3) the government would face severe prejudice if defendant were permitted to withdraw his guilty plea.

Appellate Information

• Decided 11/09/2015
• Published 11/09/2015

Judges

• LYNCH

Court

• United States First Circuit

Counsel