Saturday, October 27, 2012

PC World

United States v. Oehne, No. 11-2286 (2d Cir. October 25, 2012) (Kearse, Katzmann, CJJ, Gleeson, DJ) (per curiam)


This latest per curiam looks at the pretrial ruling on a motion to suppress, and the long sentence imposed in a child pornography production and distribution case. Finding no error, the circuit affirms.

The suppression issue involved custodial statements.  Oehne claimed that he unequivocally invoked his right to counsel by telling the agents that he had an attorney in a separate, unrelated case. But the circuit reminded that the right to counsel is "offense specific." And, since Oehne never requested counsel at all in the case he was being questioned about, he did not invoke his right to counsel.  Nor did he invoke his right to remain silent by not signing the Miranda waiver form. The record here showed not that he refused to sign it - although even that might not constitute an invocation of the right - but that he was never asked to. In any event, since he later spontaneously spoke with the agents about the investigation, that itself constituted a voluntary waiver of his Miranda rights.

The circuit also found no procedural error in the imposition of the sentence, which was 540 months' imprisonment. Relying on Dorvee, Oehne also argued that the sentence was substantively unreasonable, but the circuit noted important differences between Oehne's case and Dorvee. Oehne sexually abused the victim in this case for two years, starting when she was only eight years old, photographed the abuse and distributed it over the internet. To date, some 3,000 offenders had been found with some of those images. The district court also found that Oehne's conduct was part of a pattern, and that he was insufficiently remorseful. This was accordingly not one of the "run of the mill" cases identified in Dorvee; it was "among the most serious crimes we have."

Labels: ,

15 Comments:

Blogger Nayoni roy said...

Hello
Dear, I Visit Your site.I am very happy in your information. so many many thanks. You welcome My site.Please visit & comment.
Thanks
PC world

March 18, 2013 at 6:07 PM  
Blogger Chris Westerfield said...

Thanks a lot! Your article is pretty nice. I like it

June 8, 2013 at 5:48 AM  
Anonymous special-essays said...

Dear author, I like your article!

February 25, 2014 at 7:05 AM  
Anonymous write my essay said...

I want know some helpful things from this site.
Write my essay.

March 21, 2014 at 7:36 AM  
Anonymous Helen said...

Interesting blog! Thanks for sharing! I think it is really worth of reading.

May 20, 2014 at 7:56 AM  
Blogger Amy Pearson said...

Good post! I think, it will help you to find interesting and useful information.

May 21, 2014 at 5:59 AM  
Blogger alexxlexx said...

Thanks for sharing, It was very useful information

June 18, 2014 at 6:18 AM  
Blogger Andrew anjel said...

If you're already involved in the business world essayz writing services, you've probably heard the general complaint that it's way too complicated to start your own company.

September 5, 2014 at 3:19 PM  
Blogger Andrew anjel said...

Indicate a transition when you proceed to the essay's body, which follows the introduction. The body comprises of essayz writing services that provide more detail about the topic of your essay.

September 5, 2014 at 3:22 PM  
Anonymous Eileen Archer said...

Are you looking for best essay writing services or want to buy essay. If yes then we are here for your help and providing you well written piece of paper so that you can get the basic purpose of writings. It is quite easy to visit our website and get trusted essay writing service for easy completion of your assignments and other papers on time.

September 23, 2014 at 5:23 AM  
Anonymous Kimberly McNeeley said...

Online networking need to assume great part even online networking turn into a most well known approach to correspondence and here we are giving best paper writing service thoughts regarding article composing administrations and convey the quality composition administrations. Much obliged concerning being a dynamic.

September 23, 2014 at 2:02 PM  
Anonymous Eleanor Brooks said...

World of computer technology making this world highly modern with technology of computing and internet. Students who are search for paper writing service can get help here.

September 24, 2014 at 2:49 AM  
Anonymous James Dean said...

Much as most of us might necessity to resign the utmost themes plus probe compositions, lates era does nay endure for plenty experiment. It was the same as few month ago I used essay writing service. Bless to your announce nevertheless, I can present readily discover estimable digits online. Your advice in this truly lifts.

September 24, 2014 at 7:46 AM  
Blogger Amira Taylor said...

I always like your blog post because you always come with different ideas and information. By the way if you want to buy good essays click here express-essays.com

November 22, 2014 at 4:36 AM  
Blogger hanks7777 said...

Hence they will commission some custom expositions to assist them. This is nothing to be humiliated about. Actually there are really heaps of samples of individuals that have possessed the capacity to upgrade their prosperity rates through such activities. write my paper for me

November 22, 2014 at 6:35 AM  

Post a Comment

<< Home