United States Third Circuit

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US v. King, 09-1861

Conviction of defendant for interstate transportation to engage in sex with a minor and a sentence of 360 months' imprisonment are affirmed where: 1) district court did not err in denying defendant's motion to suppress in holding that the seizure of the child's mother's computer did not violate the Fourth Amendment as the defendant placed his hard drive insider the computer, that they both shared without any password protection, and as a result, defendant assumed the risk that the mother would consent to its seizure; 2) district court did not err in finding no violation of defendant's Fifth Amendment rights as he was not "in custody" for purposes of Miranda; 3) district court did not abuse its discretion when it denied defendant's motion to withdraw guilty plea; and 4) the district court's departure rulings were free of error and its application of the section 3553(a) factors were neither procedurally nor substantively unreasonable.

Appellate Information

  • Argued 10/27/2009
  • Decided 04/30/2010
  • Published 04/30/2010

Judges

  • Before SLOVITER, FUENTES and HARDIMAN, Circuit Judges.

Court

  • United States Third Circuit

Counsel

  • For Appellant:
  • Ronald C. Travis (Argued), Rieders, Travis, Humphrey, Harris, Waters & Waffenschmidt, Williamsport, PA, Attorneys for Appellant.

  • For Appellees:
  • Frederick E. Martin (Argued), Office of United States Attorney, Williamsport, PA, Attorneys for Appellee.
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