United States Second Circuit

Sentence resulting from a conviction for transporting child pornography by computer in interstate or foreign commerce is affirmed where District Court properly applied the five-level enhancement to defendant notwithstanding the absence of a quid pro quo agreement between defendant and the officer posing as a minor in an electronic chat room.

Appellate Information

• Decided 11/26/2003
• Published 11/26/2003

Judges

• JOSÉ A. CABRANES, Circuit Judge., Before:  WINTER, CABRANES, and SACK, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Yuanchung Lee,The Legal Aid Society, Federal Defender Division, Appeals Bureau, New York, NY, for Defendant-Appellant., W.S. Wilson Leung, Assistant United States Attorney (William E. Craco, Assistant United States Attorney, of counsel;  James B. Comey, United States Attorney, on the brief), United States Attorney's Office for the Southern District of New York, New York, NY, for Appellee.