United States Third Circuit

In a prosecution of defendant for inducing a minor to engage in sexually explicit conduct for purposes of producing a visual depiction of that conduct in violation of 18 U.S.C. section 2251(a), shipping visual depictions of a minor engaged in sexually explicit conduct, and for making false statements to the United States Department of State to secure a visa, district court's imposition of a 25-year sentence and a $100,000 fine is vacated and remanded where: 1) district court correctly applied the enhancement based on the conclusion that defendant's conduct involved multiple victims, as there is no error in the district court's conclusion that defendant's offenses involved a second victim; 2) district court erred by failing to impose a sentence on each count, and that error affected defendant's substantial rights; and 3) district court erred by imposing a fine, instead of restitution, in response to the prosecutor's remarks.

Appellate Information

• Argued 10/05/2010
• Decided 11/24/2010
• Published 11/24/2010

Judges

• JORDAN

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Peter Goldberger, Zane David Memeger