A statement is involuntary when it is extracted by threats, violence, or express or implied promises sufficient to overbear the defendant’s will and critically impair his capacity for self-determination. There are several factors used to determine voluntariness of statements in child pornography cases.
The case relates to that defendant’s motion to withdraw his guilty plea. Defendant alleged that he had been taking medications with side effects that interfered with his ability to make a knowing and intelligent plea.
The district court imposed a 5-year probationary period, and in concluding that the defendant posed a physical danger to children, the district court relied on inferences unsupported by the record and facts that bear only on the risk that he might seek out child pornography in the future.
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