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Third Circuit upholds stat max sentence and special restriction in child porn case

By Douglas A. Berman

The Third Circuit, which has issued a number of notable child porn rulings in recent times (see here and here), has another such ruling today in US v. Thielemann, No. 08-2335 (3d Cir. Aug. 3, 2009) (available here). Here is how the panel opinion starts: The defendant, Paul Thielemann, was indicted and pleaded guilty to one count of receiving child pornography.  He was sentenced to the statutory maximum of 240 months of imprisonment, plus 10 years of supervised release subject to a number of conditions, including two Special Conditions of Supervision. Thielemann appeals his prison sentence because the District Court considered non-charged relevant conduct in fashioning his sentence. Thielemann also challenges the two Special Conditions of Supervised Release imposed by the District Court...continue to full post

Full post as published by Sentencing Law and Policy on August 03, 2009 (boomark / email).