United States Fourth Circuit

Conviction and sentence of defendant for attempted transfer of obscenity to a minor, transfer of child pornography, and attempted enticement of a minor, are affirmed where: 1) the district court did not err in denying defendant's motion to suppress because a January 2007 interview did not constitute a "custodial interrogation" that invoked his right to be read Miranda warnings; and 2) defendant has not shown that the district court plainly erred and that resentencing is required as he cannot show that he would have received a lower sentence had the district court not also mentioned that the victim incurred further harm by testifying at trial.

Appellate Information

• Argued 09/21/2010
• Decided 11/19/2010
• Published 11/19/2010

Judges

• AGEE

Court

• United States Fourth Circuit

Counsel

• For Appellant:
  
• Tracy Weese, David J. Perri