Defendant's child pornography conviction and sentence are affirmed, where 1) the affidavit in support of the search of Defendant's home provided probable cause to believe that the images at issue included real children; and 2) the government may decline to move for a reduction in a defendant's sentence under U.S.S.G. section 3E1.1(b), so long as the decision does not rest on a constitutionally impermissible factor and is not arbitrary.
Read US v. Lapsins, No. 07-4387
Appellate Information
Argued: April 21, 2009
Decided and Filed: July 7, 2009
Judges
Opinion by Judge Cole
Counsel
For Appellant:
H. Louis Sirkin, Sirkin Pinales & Schwartz LLP, Cincinnati, OH
For Appellee:
Christy L. Muncy, Assistant United States Attorney, Cincinnati, OH
