United States Second Circuit

Sentence based on guilty plea to possession of child pornography after unlawfully downloading such images to a computer using a peer-to-peer file-sharing program is vacated where the government breached the plea agreement.

Appellate Information

• Decided 12/21/2007
• Published 12/21/2007

Judges

• Before:  POOLER, SACK, and WESLEY, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Bruce R. Bryan, Syracuse, NY, for Defendant-Appellant., Tiffany H. Lee, Assistant United States, Attorney (Terrance P. Flynn, United States Attorney for the Western District of New York, of counsel), Rochester, NY, for Appellee.