Appeals court upholds decision against York County sex offender

The Nebraska Court of Appeals has upheld a York County District Court ruling, denying a motion to continue the sentencing of a York man charged with possessing child pornography.

Ryan Lambert, 31, was sentenced last August to six to 12 years in prison on two counts of attempted possession of visual depiction of sexually explicit conduct.

Lambert had initially faced five counts of possession of child pornography with prior conviction. However, in June, two of the charges were reduced to attempted possession of visual depiction of sexually explicit conduct and the three remaining charges were dismissed as part of a plea agreement.

Lambert has two previous convictions for possession of child pornography in 2016 and in 2019.

In his appeal, Lambert said his attorney made a motion to continue Lambert’s sentencing, arguing that his sex offender risk assessment score should be questioned and that a psychosexual evaluation should be done instead prior to sentencing. The district court judge denied Lambert’s motion.

Lambert then appealed this decision, claiming the district court erred in denying the motion.

“Lambert did not clearly suffer prejudice because his PSI (pre-sentence investigation) contained ample information necessary for the district court to sentence him,” the appeals court said in its ruling.

 

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