United States v. Sweeney, No. 17-1325 (1st Cir. 2018)Annotate this Case
The First Circuit affirmed in all respects Defendant’s conviction of distribution and possession of child pornography and his sentence of seventeen years of imprisonment followed by ten years of supervised release. The Court held (1) Defendant waived his argument that the district court erred in denying his motion to suppress the evidence seized as a result of a search warrant; (2) the district court did not err in denying Defendant’s motion to suppress (i) statements he made to the police during his arrest because his statements were not the product of an interrogation, (ii) statements he made during a police interview at the station house because Defendant’s Miranda waiver and consent were knowing and intelligent and made voluntarily, and (iii) statements he made during an interview because Defendant did not unambiguously request counsel; (3) the district court did not err in admitting certain evidence under Fed. R. Evid. 414(a); (4) the district court’s decision to give an aiding and abetting instruction was not in error; and (5) Defendant’s sentence was constitutional.
The court issued a subsequent related opinion or order on April 20, 2018.