Defendant's child pornography sentence is affirmed where, applying a "limited context" test that permits consideration of the context in which the pornographic photographs were taken but limits the consideration of contextual evidence to the circumstances directly related to the taking of the images, the court determines that certain photos at issue were "lascivious" under the Sentencing Guidelines.
Appellate Information
Submitted: April 22, 2009
Decided and Filed: August 26, 2009
Judges
Opinion by Judge Clay
Counsel
For Appellant:
Charles E. Fleming, Federal Public Defender's Office, Cleveland, OH
For Appellee:
Daniel R. Ranke, Assistant United States Attorney, Cleveland, OH
