United States Sixth Circuit

Conviction of defendant for transporting a visual depiction of a minor engaged in sexually explicit conduct and sentenced to 151 months' imprisonment are affirmed where: 1) defendant's ineffective assistance of counsel claim is dismissed as facts are not sufficiently developed in the record for proper review; 2) district court's denial of defendant's motion for a second ends of justice continuance as his motion to suppress the evidence seized pursuant to the authorized search is without merit, and thus, defendant cannot show that he was prejudiced by the denial of continuance so that he could file his suppression motion; and 3) district court's application of a two-level sentence enhancement for his use of a computer to transmit the illicit images is affirmed.

Appellate Information

• Argued 04/22/2010
• Decided 05/19/2010
• Published 05/19/2010

Judges

• Before: KENNEDY and COLE, Circuit Judges; JORDAN, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:Jodi M. Latuszek, Speaker Law Firm, Lansing, Michigan, for Appellant. Russell A. Kavalhuna, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee. ON BRIEF:Michael J. Nichols, The Nichols Law Firm, PLLC, East Lansing, Michigan, for Appellant. Nils R. Kessler, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee.