United States Second Circuit

Defendant's sentence for producing child pornography of a minor child under his custody and control is affirmed where, if a sentencing court calculates and considers a sentence under the version of the Sentencing Guidelines in effect at the time of the offense, but refers to a subsequent version of the Guidelines as indicative of the seriousness of the offense and the reasonableness of a non-Guidelines sentence, there is no violation of the Ex Post Facto Clause.

Appellate Information

• Decided 03/17/2010
• Published 03/17/2010

Judges

Court

• United States Second Circuit

Counsel