Defendants' child pornography convictions and sentences are affirmed, where: 1) any Sixth Amendment error due to the introduction of Defendant's redacted confession was harmless; and 2) the District Court applied an unwarranted sentencing enhancement for using a computer to solicit sexual activity with a minor, but the District Court stated that it would have imposed the same below-Guidelines sentence in any event.
Argued on April 8, 2008
Decided on June 16, 2009
Before WALKER, CABRANES, and RAGGI, Circuit Judges.
Opinion by REENA RAGGI, Circuit Judge.
MARCIA S. COHEN, Assistant United States Attorney (John P. Collins, Jr., Diane Gujarati, Assistant United States Attorneys, on the brief), for Michael J. Garcia, United States Attorney for the Southern District of New York, New York, New York, for Appellee.
COLLEEN P. CASSIDY, Federal Defenders of New York, Inc., Appeals Bureau, New York, New York, for Defendant-Appellant Marian Jass.
LARRY SHEEHAN, Law Office of Larry Sheehan, Esq., Bronx, New York, for Defendant-Appellant Kenneth Leight.