UNITED STATES OF AMERICA v. JOSEPH SAMIR ZAKHARI - Articles

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UNITED STATES OF AMERICA v. JOSEPH SAMIR ZAKHARI

Posted by: Tanja Trezise on Oct 23, 2023

Head Comment: KETHLEDGE delivered a separate opinion concurring in part and dissenting in part.

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED and ON BRIEF: Michael R. Mazzoli, COX & MAZZOLI PLLCE, Louisville, Kentucky, for Appellant.

Attorneys 2: ARGUED and ON BRIEF: Terry M. Cushing, UNITED STATES ATTORNEY’S OFFICE, Louisville, Kentucky, for Appellee.

Judge(s): KETHLEDGE, WHITE, and STRANCH, Circuit Judges

Court Appealed: United States District Court for the Western District of Kentucky at Louisville

WHITE, Circuit Judge. Defendant-Appellant Joseph Zakhari was convicted of attempting to persuade a minor to engage in illegal sexual activity, in violation of 18 U.S.C. § 2422(b) (Count 1); attempting to transmit an obscene image to a minor, in violation of 18 U.S.C. § 1470 (Count 2); and attempting to produce child pornography, in violation of 18 U.S.C. § 2251(a) and (e) (Count 3). The district court sentenced him to the applicable mandatory minimum term of fifteen years in prison. On appeal, Zakhari argues that the court erroneously denied his motion to suppress his statement to police as obtained in violation of his right to counsel and his motion to dismiss Count 3 as vindictive. Because the suppression motion should have been granted and the district court did not sufficiently consider the claim of prosecutorial vindictiveness, we REVERSE the denial of the motion to suppress, VACATE the conviction, and REMAND for a new trial and reconsideration of the motion to dismiss.

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