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Child Pornography Sentence Vacated

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By FindLaw Staff on July 28, 2010 1:22 PM

In US v. DeSilva, No. 09-2988, the court of appeals vacated defendant's child pornography sentence, on the ground that the district court committed procedural error by engaging in clearly erroneous fact-finding at defendant's sentencing when it relied upon a psychologist's report -- which was prepared for use at a pretrial bail hearing -- to find that defendant, an admitted child molester, posed no danger to the community.

As the court wrote:  "We are called upon here to determine whether the United States District Court for the Western District of New York committed procedural error by engaging in clearly erroneous factfinding at defendant's sentencing when it relied upon a psychologist's report--which was prepared for use at a pretrial bail hearing--to find that defendant, an admitted child molester, posed no danger to the community. We hold that the District Court did commit such procedural error and therefore remand for resentencing."

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