United States Third Circuit

After defendant pled guilty to receipt and possession of child pornography, the district court erred in 1) awarding a two-level upward departure without considering the propriety of a one-level departure, and 2) failing to state reasons for a special condition of supervised release, prohibiting use or possession of a computer.

Appellate Information

• Argued 06/10/2002
• Decided 01/06/2003
• Published 01/08/2003

Judges

• Before:  SLOVITER, ROTH & McKEE, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Robert Epstein, Esquire, Assistant Federal Defender, Jonathan D. Libby, Esquire (Argued), Research & Writing Specialist, David L. McColgin, Esquire, Supervising Appellate Attorney, Maureen Kearney Rowley, Esquire, Chief Federal Defender, Federal Court Division, Defender Association of Philadelphia, Michael J. Kelly, Esquire, Philadelphia, PA, for Appellant.


• For Appellees:
  
• Patrick L. Meehan, United States Attorney, Laurie Magid, Deputy United States Attorney for Policy and Appeals, Robert A. Zauzmer, Assistant United States Attorney, Senior Appellate Counsel, Louis D. Lappen, Esquire (Argued), Assistant United States Attorney, Office of United States Attorney, Philadelphia, PA, for Appellee.