United States Sixth Circuit

Defendant's child pornography sentence is vacated, where the victim did not engage in intentional "sexual contact" with Defendant under 18 U.S.C. section 2246(3), and Defendant's sexual contact with the victim unrelated to the offense was irrelevant to Defendant's sentence.

Appellate Information

• Decided 03/03/2009
• Published 03/03/2009

Judges

• Before:  MOORE and WHITE, Circuit Judges;  TARNOW, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Richard E. Zambon, Mitchell & Zambon, Grand Rapids, Michigan, for Appellant.  Donald A. Davis, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee.   ON BRIEF:  Richard E. Zambon, Mitchell & Zambon, Grand Rapids, Michigan, for Appellant.  Daniel Y. Mekaru, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee.