6th Cir. (Ky.): USA v. Chambers (ED Ky.; 3/23/2006)

USA v. Chambers
Criminal Sentencing
Eastern District of Kentucky at Ashland

BOYCE F. MARTIN, JR., Circuit Judge. The defendant, Timothy Chambers, was indicted on ten counts of transportation of child pornography via computer in violation of 18 U.S.C. § 2252(a)(1), one count of transporting a minor across state lines for the purpose of criminal sexual activity in violation of 18 U.S.C. § 2423(a), and one count of possession of child pornography in violation of 18 U.S.C. § 2252(a)(4)(b). Chambers pled not guilty and proceeded to trial, whereupon he was convicted on all counts. Chambers was then sentenced to life imprisonment. On appeal, Chambers argues that: (1) the district court abused its discretion when it denied Chambers’s motion for new counsel; (2) the district court erred when it determined that Chambers voluntarily waived his right to testify on his own behalf; (3) there was insufficient evidence to convict him; (4) various evidence was improperly admitted against him; (5) that his sentence was improperly imposed and that he is entitled to resentencing pursuant to United States v. Booker, 543 U.S. 220 (2005) and United States v. Oliver, 397 F.3d 369 (6th Cir. 2005). The government concedes that Chambers is entitled to resentencing. For the reasons that follow, we AFFIRM Chambers’s convictions, but VACATE his sentence and REMAND for resentencing.

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