United States v. Oakes

ORDER DENYING § 2255 MOTION TO VACATE, CORRECT OR SET ASIDE

CARTER, Senior District J.

David J. Oakes pled guilty to one count of knowingly receiving child pornography and was sentenced to a 54-month term of incarceration See 18 U.S.C. § 2252A(a)(2)(A). Oakes appealed solely on sentence-related grounds. During the pendency of that appeal, the Supreme Court decided Ashcroft v. Free Speech Coalition, 535 U.S. 234, 122 S.Ct. 1389, 152 L.Ed.2d 403 (2002). That decision held, inter alia, that two of the four definitions of “child pornography” in the Child Pornography Prevention Act of 1996 (“CPPA”)…