US v. Mahoney, No. 10-3374

Child Pornography Pre-Sentencing Release Reversed

In US v. Mahoney, No. 10-3374, a prosecution for transporting and possessing child pornography, the court reversed the district court's order releasing defendant pending sentencing where it was well-settled that compliance with the terms of pretrial release was commendable but does not justify release under 18 U.S.C. section 3145(c).

As the court wrote:  "Kenneth Lee Mahoney, Jr. pled guilty to transporting child pornography, in violation of 18 U.S.C. § 2252(a)(1), and possessing child pornography, in violation of 18 U.S.C. § 2252(a)(4)(B). Over the government's objection, the district court did not require Mahoney to be taken into custody immediately and instead released him pending sentencing. The government appeals the district court's detention decision, and after briefing from both sides, we reverse."

Related Resources

• Read the Eighth Circuit's Decision in US v. Mahoney, No. 10-3374