United States Second Circuit

Defendants' child pornography convictions and sentences are affirmed, where: 1) any Sixth Amendment error due to the introduction of Defendant's redacted confession was harmless; and 2) the District Court applied an unwarranted sentencing enhancement for using a computer to solicit sexual activity with a minor, but the District Court stated that it would have imposed the same below-Guidelines sentence in any event.

Appellate Information

• Decided 06/16/2009
• Published 06/16/2009

Judges

• REENA RAGGI, Circuit Judge:, Before:  WALKER, CABRANES, and RAGGI, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Marcia S. Cohen, Assistant United States Attorney (John P. Collins, Jr., Diane Gujarati, Assistant United States Attorneys, on the brief), for Michael J. Garcia, United States Attorney for the Southern District of New York, New York, New York, for Appellee., Colleen P. Cassidy, Federal Defenders of New York, Inc., Appeals Bureau, New York, New York, for Defendant-Appellant Marian Jass., Larry Sheehan, Law Office of Larry Sheehan, Esq., Bronx, New York, for Defendant-Appellant Kenneth Leight.