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U.S. v. DOE

No. 00-1427.

239 F.3d 473 (2001)

UNITED STATES of America, Appellee, v. John DOE, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 24, 2001.

Amended February 9, 2001.

Attorney(s) appearing for the Case

Gail E. Laser, New York, NY, for defendant-appellant.

Linda A. Lacewell, Assistant United States Attorney for Loretta E. Lynch, United States Attorney for the Eastern District of New York (Susan Corkery, on the brief), for appellee.

Before VAN GRAAFEILAND, WINTER, and CALABRESI, Circuit Judges.

PER CURIAM:

I. BACKGROUND

Appellant, referred to as John Doe for purposes of this opinion, pleaded guilty (after waiving indictment) to one count of conspiring to receive and possess child pornography in interstate commerce, in violation of 18 U.S.C. § 2252(a)(2)(A). At sentencing, the district court found that, under the Sentencing Guidelines, Doe had a criminal history category of II and total offence level of 23 (which was based, among other things...

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