United States Second Circuit

Sentence based on conviction for possession of child pornography is vacated as the sentence was procedurally unreasonable since it is unclear to what extent the district court based its sentencing enhancement on unsubstantiated charged conduct.

Appellate Information

• Decided 11/28/2007
• Published 11/28/2007

Judges

• JOHN M. WALKER, JR., Circuit Judge:, Before:  WALKER, CALABRESI, and SACK, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Malvina Nathanson, New York, N.Y., for Defendant-Appellant., Eugene Ingoglia, Assistant United States Attorney, of counsel, (Katherine Polk Failla, Assistant United States Attorney, of counsel, on the brief), for Michael J. Garcia, United States Attorney for the Southern District of New York, New York, N.Y., for Appellee.