United States Second Circuit

Conviction and sentence for five counts involving the sexual abuse of children are affirmed over claims of error that: 1) certain photos of one of the minor victims were not "lascivious" within meaning of child pornography laws; 2) the jury was misled by the district court's instructions; 3) the district court erred in denying his motion to sever the counts relating to one of the victims from the counts relating to the other victims; and 4) defendant's sentence violated the Eighth Amendment.

Appellate Information

• Decided 10/15/2008
• Published 10/15/2008

Judges

Court

• United States Second Circuit

Counsel