United States Sixth Circuit

Defendant's child pornography sentence is affirmed where, applying a "limited context" test that permits consideration of the context in which the pornographic photographs were taken but limits the consideration of contextual evidence to the circumstances directly related to the taking of the images, the court determines that certain photos at issue were "lascivious" under the Sentencing Guidelines.

Appellate Information

• Decided 08/26/2009
• Published 08/26/2009

Judges

• Before CLAY and McKEAGUE, Circuit Judges; HOLSCHUH, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ON BRIEF:Charles E. Fleming, Federal Public Defender's Office, Cleveland, Ohio, for Appellant. Daniel R. Ranke, Assistant United States Attorney, Cleveland, Ohio, for Appellee.