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U.S. v. FALSO

Docket No. 06-2721-cr.

544 F.3d 110 (2008)

UNITED STATES of America, Appellee, v. David J. FALSO, also known as Sealed Premise, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: September 25, 2008.

Attorney(s) appearing for the Case

Brenda K. Sannes, Assistant United States Attorney (Glenn T. Suddaby, United States Attorney for the Northern District of New York; Miroslav Lovric, Assistant United States Attorney, on the brief), Syracuse, NY, for Appellee.

Bruce R. Bryan (Vincent L. Briccetti, Briccetti, Calhoun & Lawrence, LLP, White Plains, NY, on the brief), Syracuse, NY, for Defendant-Appellant.

Judge LIVINGSTON joins Part II of the discussion and has filed a concurring opinion.

SOTOMAYOR, Circuit Judge.

Defendant-appellant David J. Falso ("Falso") appeals from the June 6, 2006 judgment of the United States District Court for the Northern District of New York (McAvoy, J.). Falso was convicted, upon his conditional guilty plea to a 242-count indictment, of crimes relating to child pornography and traveling with the intent to engage in illicit sexual conduct with minors. Prior to Falso's guilty plea, the district court denied his motion to...

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