United States v. Broxmeyer, No. 10-5283 (2d Cir. 2012)
Annotate this CaseDefendant appealed his sentence stemming from an amended judgment of conviction for possession and attempted production of child pornography. The court held that defendant waived his procedural challenge to the district court's factfinding at sentencing and, in any event, there was no plain error in these findings. The court also held that there was no merit to defendant's various challenges to the district court's Guidelines calculations in this case as they pertained to his conviction for attempted production of child pornography. The court further held that there was no merit to defendant's argument that any sentence above the minimum term of 15 years mandated by his conviction for attempted production of child pornography, was substantively unreasonable. The challenged 30-year prison sentence fell within the range of substantively reasonable choices available to the district court and the court affirmed.
The court issued a subsequent related opinion or order on February 5, 2013.
The court issued a subsequent related opinion or order on February 6, 2013.
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