United States Sixth Circuit

Defendant's child pornography sentence is affirmed where 18 U.S.C. section 3559(e)(1), under which Defendant was convicted, was not ambiguous, and thus the rule of lenity did not apply.

Appellate Information

• Decided 05/12/2009
• Published 05/27/2009

Judges

• ALICE M. BATCHELDER, Circuit Judge., Before:  BATCHELDER and CLAY, Circuit Judges;  COX, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Frank W. Heft, Jr., Western Kentucky Federal Community Defender, Inc., Louisville, Kentucky, for Appellant.  Terry M. Cushing, Assistant United States Attorney, Louisville, Kentucky, for Appellee.   ON BRIEF:  Frank W. Heft, Jr., Jamie L. Haworth, Western Kentucky Federal Community Defender, Inc., Louisville, Kentucky, for Appellant.  Terry M. Cushing, Monica Wheatley, Assistant United States Attorneys, Louisville, Kentucky, for Appellee.