United States Second Circuit

Defendant's conviction for receiving or distributing child pornography is affirmed, however, his sentence is vacated where the district court has discretion to sentence defendant to either a fine or a term of imprisonment of not less than ten years or both, a ruling which was not clear at the time of sentencing.

Appellate Information

• Decided 12/03/2004
• Published 12/03/2004

Judges

• JOSÉ A. CABRANES, Circuit Judge., Before:  MESKILL, LEVAL, and CABRANES, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Colleen P. Cassidy, The Legal Aid Society, Federal Defender Division, Appeals Bureau, New York, NY, for Defendant-Appellant., Alexander H. Southwell, Assistant United States Attorney (Celeste L. Koeleveld, Assistant United States Attorney, of counsel;  David N. Kelley, United States Attorney, on the brief), United States Attorney's Office for the Southern District of New York, New York, NY, for Appellee.