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Tag Archives: Child Pornography

Criminal Law: Child Pornography-Appointment of Expert-Jury Instruction

Where a defendant in a child-pornography case challenged the denial of his motion to appoint his own expert to examine an agent’s laptop, the defendant did not present evidence to support his theory that ransomware on the agent’s laptop planted ...

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Criminal Law: Child Pornography-Independently Downloaded Pornography-Summarization of Evidence

Defendant appealed from his conviction for transportation and receipt of child pornography. On appeal, defendant challenged the district court’s admission of independently obtained child pornography and charts summarizing materials obtained during the investigation. Where the evidence shown to the jury ...

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Criminal Law: Child Pornography-Within-Guidelines Range Sentence-Sentencing Enhancement

Defendant pleaded guilty to child exploitation and child pornography. The district court sentenced him to a within-guidelines sentence. On appeal, defendant challenged the district court’s application of sentencing enhancements and argued that the district court imposed a substantively unreasonable sentence. ...

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Criminal Law: Child Pornography-Below-Guidelines Sentence-Appeal Waiver

Defendant appealed from his guilty plea to child pornography and from his below-guidelines sentence. On appeal, defendant challenged his sentence as substantively unreasonable. Although the record was insufficient to determine whether defendant knowingly and voluntarily entered into an appeal waiver, ...

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Criminal Law: Child Pornography-Double Jeopardy

Defendant was convicted of sexual exploitation of a minor and possession of child pornography arising from a recorded video on his cell phone. On appeal, defendant argued that his conviction violated double jeopardy because possession of child pornography was a ...

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Criminal Law: Child Pornography-Willful-Blindness Instruction-Sufficiency of Evidence

Defendant was convicted of receiving and distributing child pornography. On appeal, defendant argued that the trial court erred in giving the jury a willful-blindness instruction. Defendant also challenged the sufficiency of the evidence at trial and argued that his sentence ...

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Criminal Law: Child Pornography-Prior Conviction Sentencing Enhancement-Correction of State Judgment

Defendant pleaded guilty to possessing child pornography. On appeal, defendant challenged the district court’s designation of defendant’s 2011 Iowa conviction as a “prior conviction” and application of the §2252(b)(2) sentencing enhancement Where defendant’s corrected Iowa judgment merely vacated a sentence ...

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Criminal Law: Child Pornography-Motion to Suppress-Evidence of Prior Convictions

Defendant appealed from his conviction on three counts of receipt and distribution of child pornography and one count of failing to register as a sex offender. On appeal, defendant challenged the denial of his motion to suppress and the admission ...

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