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Criminal Law: Child Pornography-Past Sexual Crimes
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 sentence was substantively reasonable. Judgment is affirmed. U.S. v. Splettstoeszer (MLW No. 74885/Case No. 19-1321 […]
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 child pornography on his laptop, so the court did not abuse its discretion in denying […]
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 was not overly prejudicial and was necessary to summarize voluminous materials, the district c[...]
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. Where there was no error in the district court’s application of sentencing enhancement[...]
Criminal Law: Child Pornography-Computer Software-Franks Hearing
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 law enforcement computer program used to search for child-pornography images, the government disclosed information that […]
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, the court found no basis to conclude that a below-guidelines sentence was substantively unreasonab[...]
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 lesser-included offense of sexual exploitation of a minor. Where there was no requirement to show […]
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 was substantively unreasonable. Where defendant admitted to using search terms to download child pornography and […]
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 that was void under state law, defendant still had a valid prior conviction for [...]
Criminal Law: Sentencing-Child Pornography-Double Jeopardy
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 the calculation of the total advisory guidelines sentence, and the judgment is affirmed because the […]
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 of evidence of his prior child-pornography conviction. Where video surveillance footage had minimal impact on […]
Criminal Law: Child Pornography-Presentence Investigation Report-Untimely Government Objection
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 or sentencing exhibits. Where defendant had sufficient time to review the government’s objections and sentencing […]
Latest Opinion Digests
- Criminal Law: Child Abuse-Sufficiency Of Evidence-Closing Argument
- Civil Rights: Religious Freedom-RLUIPA-Res Judicata
- Civil Practice: Res Judicata-Stop Work Order
- Immigration: Drug Conviction-Removability-Overbreadth of State Offense
- Civil Practice: Asset Forfeiture-Sanctions
- Civil Rights: Due Process-Failure to State Claim
- Probate : Revocable Trust – Amendment – Reformation
- Employer – Employee : Unpaid Commissions – At-Will Status
- Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Conflict Of Interest
- Appellate Practice : Jurisdiction – Final Judgment
- Domestic Relations : Parenting Plan – Child Support
- Criminal Law : Post-Conviction Relief – Guilty Plea – Sentence Advice
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