United States Second Circuit

In conviction for receiving and possessing child pornography and traveling outside the U.S. with intent to engage in sexual acts with minors, order declining to resentence defendant is affirmed over claims of error that: 1) defendant's sentence of concurrent 262-month prison terms on each count followed by concurrent-year terms for various counts and fine of $200,000, was unreasonable; 2) the district court applied the wrong sections of the U.S.S.G. in calculating the base offense levels for his crimes; 3) the district court improperly increased his offense level on the ground of vulnerability of defendant's victims; 4) the district court failed to consider the need to avoid unwarranted sentencing disparities; and 5) defendant's convictions violate the double jeapordy clause.

Appellate Information

• Decided 01/28/2009
• Published 01/28/2009

Judges

Court

• United States Second Circuit

Counsel