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U.S. v. DeSILVA

Docket No. 09-2988-cr.

613 F.3d 352 (2010)

UNITED STATES of America, Appellant, v. Chad Edward DeSILVA, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided July 28, 2010.

Attorney(s) appearing for the Case

Joseph J. Karaszewski, Assistant United States Attorney (Kathleen M. Mehltretter, United States Attorney, on the brief), Office of the United States Attorney for the Western District of New York, Buffalo, NY, for appellant.

Sean Dennis Hill, Buffalo, NY, for appellee.

Before WINTER, CABRANES, and WESLEY, Circuit Judges.

PER CURIAM:

We are called upon here to determine whether the United States District Court for the Western District of New York committed procedural error by engaging in clearly erroneous fact-finding at defendant's sentencing when it relied upon a psychologist's report—which was prepared for use at a pretrial bail hearing—to find that defendant, an admitted child molester, posed no danger to the community. We...

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