United States Ninth Circuit

Defendant's sentence for transporting child pornography is affirmed in part and vacated in part where: 1) the district court did not err in applying a two-level enhancement pursuant to U.S.S.G. section 2G2.1(b)(2)(A); 2) it did not abuse its discretion in sentencing him to a 151-month term of imprisonment; 3) with one exception, it did not abuse its discretion in imposing certain special conditions on his term of supervised release; 4) the district court was not obliged by Rule 32 of the Federal Rules of Criminal Procedure to rule on his evidentiary challenge to information contained in his PSR; but 5) the use of the word "pornography" in one condition of supervised release made such condition impermissibly vague.

Appellate Information

• Argued 03/06/2008
• Decided 04/29/2008
• Published 04/29/2008

Judges

• IKUTA, Circuit Judge:, Before:  J. CLIFFORD WALLACE, RONALD M. GOULD, and SANDRA S. IKUTA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Jonathan Libby, Deputy Federal Public Defender, Los Angeles, CA (argued);  Kathryn A. Young, Deputy Federal Public Defender, Los Angeles, CA, for the defendant-appellant., Anne C. Gannon, Assistant United States Attorney, Santa Ana, CA, for the plaintiff-appellee.