United States v. Jason M. Moriarty

Jason Moriarty, who pled guilty in open court to several child pornography-related offenses, now appeals his convictions and sentence. Moriarty’s principal claim on appeal is that his plea was not knowing and voluntary because the district court failed to obtain an express plea of guilty from him during the plea colloquy, and thereby violated the Fifth and Sixth Amendments to the Constitution, as well as Federal Rule of Criminal Procedure 11 (“Rule ll”). 1 In addition, Moriarty contends that the district court erred by: enhancing his sentence under the United States Sentencing Guidelines (the…