United States Sixth Circuit

A sentence for possession of materials constituting child pornography is reversed and remanded where defendant's sentence was imposed in violation of Federal Rule of Criminal Procedure 32, and the error was prejudicial. Specifically, the district court relied upon certain ex parte communications, consisting of the probation and pretrial services officers' subjective impressions that defendant had acted on his pedophilia and in fact had molested children, depriving defendant not only of his right to be sentenced on the basis of accurate and reliable information, but also foreclosing any opportunity for him to comment on and respond to the information, contrary to Rule 32(i).

Appellate Information

• Decided 11/20/2007
• Published 11/20/2007

Judges

• Before:  BOGGS, Chief Judge;  BATCHELDER and GRIFFIN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  C. Ransom Hudson, Office of the Federal Public Defender, Cincinnati, Ohio, for Appellant.  Benjamin C. Glassman, Assistant United States Attorney, Cincinnati, Ohio, for Appellee.   ON BRIEF:  C. Ransom Hudson, Office of the Federal Public Defender, Cincinnati, Ohio, for Appellant.  Benjamin C. Glassman, Assistant United States Attorney, Cincinnati, Ohio, for Appellee.