United States Second Circuit

Defendant's sentence for sexual exploitation of a child is affirmed where the use of a mandatory US Sentencing Guidelines scheme was harmless error, under US v. Booker, 125 S.Ct. 738 (2005), since defendant was sentenced at the statutory minimum and the government did not request resentencing.

Appellate Information

• Decided 02/16/2005
• Published 02/16/2005

Judges

• POOLER, Circuit Judge., Before:  WINTER and POOLER, Circuit Judges, and BRIEANT, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• James E. Long, Albany, NY, for Defendant-Appellant., Robert P. Storch, Senior Litigation Counsel, Glen T. Suddaby, United States Attorney for the Northern District of New York, Thomas Spina, Jr., Assistant United States Attorney, for Appellee.