United States Second Circuit

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US v. DeSilva, 09-2988

Defendant's child pornography sentence is vacated where the district court committed procedural error by engaging in clearly erroneous fact-finding at defendant's sentencing when it relied upon a psychologist's report -- which was prepared for use at a pretrial bail hearing -- to find that defendant, an admitted child molester, posed no danger to the community.

Appellate Information

  • Argued 06/23/2010
  • Decided 07/28/2010
  • Published 07/28/2010



  • United States Second Circuit


  • For Appellant:
  • Joseph J. Karaszewski, Sean Dennis Hill