United States Seventh Circuit

Sentence for distribution of child pornography is affirmed where: 1) the district court did not abuse its discretion in refusing to grant defendant a continuance for another chance to present expert testimony; 2) the district court correctly applied 18 U.S.C. sec. 3553 (a) when sentencing defendant, and did not fail to adequately address the factors set forth in the statute; and 3) there is no evidence that the district court's tangential statements about early release during the second sentencing hearing played any role in the court's determination of Smith-s sentence at a later entencing hearing.

Appellate Information

• Argued 01/09/2009
• Decided 04/17/2009
• Published 04/17/2009

Judges

• MANION, Circuit Judge., Before MANION, ROVNER, and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Joshua P. Kolar, Attorney (argued), Office of the United States Attorney, Hammond, IN, for Plaintiff-Appellee., James E. Foster, Attorney (argued), Funk & Foster, Hammond, IN, for Defendant-Appellant.