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

Defendant appealed from his sentence following his guilty plea to access or attempt to access child pornography. On appeal, defendant argued that his sentence should be reversed because the government failed to timely submit its objections to the presentence report ...

Tagged with: Child Pornography Presentence Investigation Report Untimely Government Objection

Where a defendant challenged the reasonableness of his sentence in a child-pornography case, the sentencing transcript showed that the sentence was grounded in the relevant statutory factors and was not substantively unreasonable, and the defendant’s inability to pay a minimum ...

Tagged with: Child Pornography Mitigation sentencing

Where a defendant in a child-pornography case challenged the admission of the audio content of videos that he surreptitiously recorded of minors, including suggestive remarks that he made, the statements were probative as to his intent to produce lascivious footage ...

Tagged with: Audio Content Child Pornography

Where a defendant in a child-pornography case challenged the denial of his motion to suppress evidence, the warrant was void but the good-faith exception applied to the agents’ use of the warrant. Judgment is affirmed. U.S. v. Johnson (MLW No. ...

Tagged with: Child Pornography Criminal Law Motion To Suppress Warrant

  Where a defendant in a child-pornography case argued that the district court failed to explain the basis for his life term of supervised release and that the court erred by imposing special conditions on the supervised release, the defendant ...

Tagged with: Child Pornography Criminal Law Special Conditions Supervised Release

  Defendant pleaded guilty to accessing or attempting to access child pornography. The district court applied a five-level enhancement for “engag[ing] in a pattern of activity involving the sexual abuse or exploitation of a minor.” On appeal, defendant challenged the ...

Tagged with: Child Pornography Criminal Law Pattern of Child Sexual Abuse Sentencing Enhancement