US v. Ward, 09-4271

Sentence and a $100,000 fine vacated and remanded in prosecution of defendant for child-pornography and related offenses

US v. Ward, 09-4271, concerned a prosecution of defendant for inducing a minor to engage in sexually explicit conduct for purposes of producing a visual depiction of that conduct in violation of 18 U.S.C. section 2251(a), shipping visual depictions of a minor engaged in sexually explicit conduct, and for making false statements to the United States Department of State to secure a visa.

In vacating the district court's imposition of a 25-year sentence and a $100,000 fine, the court remanded the matter in holding that the district court erred by failing to impose a sentence on each count, and that error affected defendant's substantial rights.  The court also held that the district court erred by imposing a fine, instead of restitution, in response to the prosecutor's remarks.  However, the district court correctly applied the enhancement based on the conclusion that defendant's conduct involved multiple victims, as there is no error in the district court's conclusion that defendant's offenses involved a second victim. 

Related Link:

• Read the Third Circuit's Full Decision in US v. Ward, 09-4271