United States Second Circuit

Sentence for production of child pornography is affirmed where: 1) there is no merit to defendant's claim that the court erred in considering hearsay information in determining the appropriate sentence; and 2) the court did not exceed its sentencing discretion in departing upward under U.S.S.G. sec. 5K2.8 and imposing a term of imprisonment of 300 months, considering the seriousness of the offense and the great harm inflicted on the victim as well as the defendant's recidivism and lack of remorse.

Appellate Information

• Decided 04/08/2009
• Published 04/08/2009

Judges

• PER CURIAM:, Before:  LEVAL, POOLER, and PARKER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Glenn T. Suddaby, United States Attorney, Northern District of New York (Miroslav Lovric, Brenda K. Sannes, Assistant United States Attorneys, of counsel) Syracuse, NY, for Appellee., Terence L. Kindlon, Kindlon and Shanks, P.C., Albany, NY, for Defendant-Appellant.