United States Third Circuit

District court's imposition of a statutory maximum sentence of 360 months, followed by a life term of supervised release, upon a defendant convicted of producing child pornography in violation of 18 U.S.C. section 2251(a), is affirmed where: 1) district court properly considered defendant's five-year-old daughter as a second victim in calculating her guidelines as the depictions contained in photographs at issue meet the definition of lascivious conduct as defined in 18 U.S.C. section 2251(2)(B)(iii); 2) the government did not breach the plea agreement by providing the district court with briefing on the applicability of section 2G2.1(b)(3)(B)(I); 3) the district court did not violate the ex post fact clause when it upwardly departed five levels; and 4) the sentence imposed was reasonable.

Appellate Information

• Decided 12/10/2010
• Published 12/10/2010

Judges

• RODRIGUEZ

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Anne C. Shapiro, Dennis C. Pfannenschmidt