United States Second Circuit

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

Judges

• Array

Court

• United States Second Circuit

Counsel

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