United States Second Circuit

Conviction for sexual abuse of a minor is affirmed over challenges to the district court's 1) upward departure in criminal history category pursuant to U.S.S.G section 4A1.3, and 2) imposition of a special condition prohibiting defendant's possessing or viewing pornography.

Appellate Information

• Decided 09/03/2003
• Published 09/03/2003

Judges

• GLEESON, United States District Judge., Before:  JACOBS and POOLER, Circuit Judges, and GLEESON, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• David V. Kirby, First Assistant United States Attorney (Peter Hall, United States Attorney, and Gregory L. Waples, Assistant United States Attorney, on the brief), Burlington, Vermont, on behalf of the Appellee., Elizabeth D. Mann, Assistant Federal Public Defender, Burlington, Vermont, on behalf of Defendant-Appellant.