U.S. Fourth Circuit - The FindLaw 4th Circuit Court of Appeals Opinion Summaries Blog

US v. Hargrove, 08-5223

Child pornography-related convictions affirmed

US v. Hargrove, 08-5223, concerned a challenge to defendant's convictions and sentence for attempted transfer of obscenity to a minor, transfer of child pornography, and attempted enticement of a minor.


In affirming, the court held that the district court did not err in denying defendant's motion to suppress because a January 2007 interview did not constitute a "custodial interrogation" that invoked his right to be read Miranda warnings.  The court also held that the defendant has not shown that the district court plainly erred and that resentencing is required as he cannot show that he would have received a lower sentence had the district court not also mentioned that the victim incurred further harm by testifying at trial.

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