Beline

MEMORANDUM *

Appellant Richard Beline pleaded guilty to one count of transportation and shipment of child pornography, 18 U.S.C. § 2252A(a)(l), and one count of receipt of child pornography, 18 U.S.C. § 2252A(a)(2)(A), and was sentenced to a term of 37 months imprisonment. He appeals his sentence on the grounds that the sentencing court: (1) improperly considered the results of a court-ordered psychological examination; and (2) refused to grant Beline an additional one-point downward adjustment pursuant to U.S.S.G. § 3El.l(b).

We conclude that the results of Dr. Traywick’s psychological report were improperly forwarded to the probation office and improperly included in the Presentence Report. Given the statements made by the magistrate judge at the initial bail hearing, and the language in the Appearance Bond, it appears that the results of Dr. Traywick’s examination were intended only to be used for bail purposes, and not for sentencing purposes, although they were subject to disclosure to the court, including the district judge.

There is, however, nothing in the record to indicate that the district court actually relied in any way upon the results of Dr. Traywick’s report in…