United States v. Mahoney

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 deci sion, and after briefing from both sides, we reverse.

It is undisputed that Mahoney’s case is governed by 18 U.S.C. § 3143(a)(2), which requires him to be taken into custody immediately unless…