Where a defendant in a child-pornography case challenged the admission of evidence that he had sexually abused his daughter and step-daughter years earlier, the evidence was probative to show interest, intent and motive, and the judgment is affirmed because the ...

Tagged with: Child Pornography Past Sexual Crimes

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 ...

Tagged with: Appointment of Expert Child Pornography Jury Instruction

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 ...

Tagged with: Child Pornography Independently Downloaded Pornography Summarization of Evidence

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. ...

Tagged with: Application of Sentencing Enhancement Child Pornography Within-Guidelines Range Sentence

Where a defendant in a child-pornography case challenged the denial of his motion to compel, motions to suppress and request for a Franks hearing, the defendant’s argument that he was entitled to the production of code and software for the ...

Tagged with: Child Pornography Computer Software Franks Hearing

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, ...

Tagged with: appeal waiver Below-Guidelines Sentence Child Pornography

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 ...

Tagged with: Child Pornography Double Jeopardy

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 ...

Tagged with: Child Pornography Sufficiency Of Evidence Willful-Blindness Instruction

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 ...

Tagged with: Child Pornography Correction of State Judgment Prior Conviction Sentencing Enhancement

Where a defendant challenged the enhancement of his sentence in a child-pornography case, even if the district court erred in concluding that a Nebraska conviction was a predicate offense, the error was harmless because there was no substantial impact on ...

Tagged with: Child Pornography Double Jeopardy sentencing

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 ...

Tagged with: Child Pornography Evidence of Prior Convictions Motion To Suppress