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United States Second Circuit

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US v. Pattee, 14-2163

Sentence and conviction of producing child pornography, 18 U.S.C. section 2251(a), distributing child pornography, in violation of 18 U.S.C. section 2252A(a)(2)(A), possessing child pornography, 18 U.S.C. section 2252A(a)(5)(B), are affirmed where: 1) he district court's unobjected-to failure to comply strictly with all aspects of Rule 11 was not plain error affecting substantial rights; 2) defendant's admission that the hard drives on which the child pornography was found had traveled in interstate commerce provided sufficient factual basis to meet the commerce element of the child pornography production statute, so there is no reason to vacate the plea; 3) the district court did not commit procedural error in connection with defendant's sentence; and 4) the sentence was not substantively unreasonable given the serious nature of defendant's crime.

Appellate Information

  • Decided
  • Published 2016/04/21




  • United States Second Circuit


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