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Second Circuit – Child pornography: United States v. Darrah

Daily Record Staff//May 8, 2025//

Second Circuit – Child pornography: United States v. Darrah

Daily Record Staff//May 8, 2025//

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United States Court of Appeals for the Second Circuit

Child pornography — Sentencing

United States v. Darrah

23-7001-cr

Judges Walker, Jacobs, and Merriam

Background: The defendant appealed from his conviction of distribution of child pornography and sentencing him principally to a prison term of 106 months, followed by a 20-year term of supervised release.

Ruling: The Second Circuit affirmed in part and vacated in part. The court held that it was harmless error for the court to apply the five-level increase for distribution of child pornography when there was no evidence of an agreement to exchange anything of value. However, the court found the106 month sentence substantively reasonable.  The court vacated the judgment insofar as it impermissibly delegated judicial authority to the Probation Office to determine how many internet-capable devices the defendant may possess upon supervised release.

James P. Egan, assistant Federal Public Defender, for the defendant-appellant; Rajit S. Dosanjh, assistant United States attorney, for the appellee.

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