Topic
Every decision we've filed under Child Sexual Abuse Material.
The Ninth Circuit affirmed the conviction of Duane Lee Johnsen for receiving and possessing child pornography. The court held that hash value matches alone can establish probable cause for a search warrant and that forensic analysis of seized devices is not a critical stage requiring counsel.
The Sixth Circuit affirmed a substantive reasonableness challenge to a defendant's sentence for child pornography offenses. The court held that the district court properly weighed sentencing factors and did not abuse its discretion in imposing a downward variance.
The United States Court of Appeals for the Fifth Circuit dismissed an appeal filed by Sergio Rivera because it was submitted after the deadline. The court held that the time limits for filing the notice of appeal are mandatory claims-processing rules that require dismissal when missed.
The United States Court of Appeals for the Fifth Circuit affirmed a district court order denying pretrial release to a defendant facing federal charges including conspiracy and child pornography possession. The appellate court found the district court provided adequate reasons for detention and that the evidence supported a finding that the defendant posed a danger to the community.
The Fifth Circuit affirmed the conviction of a defendant who pleaded guilty to attempted production of child pornography. The court held that the defendant's challenge to the factual basis of his plea was foreclosed by binding precedent.
The Ninth Circuit affirmed the conviction of Joshua Ian Celnik for distribution and possession of child pornography. The court rejected challenges to the admission of computer logs and expert testimony, finding no violation of the Confrontation Clause or evidentiary rules.
The Eleventh Circuit affirmed a restitution order of twenty-five thousand dollars imposed on a defendant convicted of possessing child pornography. The court held that binding precedent forecloses arguments that the Fifth and Sixth Amendments require jury findings for restitution amounts or disaggregation of victim losses.
The United States Court of Appeals for the Fifth Circuit affirmed the life imprisonment sentence imposed on Richard Dean Hicks. The court held that the district court did not abuse its discretion in rejecting arguments for a lesser sentence based on the defendant's medical conditions and age.
The Sixth Circuit affirmed the conviction and sentence of Sean Christopher Williams for manufacturing child pornography. The court rejected Williams's challenges regarding the admission of prior bad acts evidence, the sufficiency of evidence for interstate commerce, and the length of his within-Guidelines sentence.
The United States Court of Appeals for the Tenth Circuit dismissed an appeal filed by Scott James Berkshire after the government moved to enforce an appeal waiver. The court held that Berkshire failed to demonstrate that enforcing the waiver would result in a miscarriage of justice.