United States Third Circuit

A sentence for receiving child pornography is affirmed, without prejudice to defendant's right to file a collateral proceeding alleging ineffective assistance of counsel should he wish to pursue such claim, where: 1) there was no error in a five-level sentence enhancement for "pattern of activity" which stemmed from two juvenile adjudications for indecent assault in the 1980s; 2) the district court properly considered the applicable statutory factors and the sentence was not unreasonable; and 3) there was no abuse of discretion in a denial of a continuance prior to sentencing.

Appellate Information

• Decided 09/20/2007
• Published 09/20/2007

Judges

• Before:  SLOVITER, SMITH and WEIS, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• James V. Wade, Federal Public Defender, Ronald A. Krauss, Assistant Federal Public Defender-Appeals, Harrisburg, PA, Attorneys for Appellant.


• For Appellees:
  
• Thomas A. Marino, United States Attorney, Francis P. Sempa, Assistant United States Attorney, Scranton, PA, Attorneys for Appellee.