Topic
Every decision we've filed under Child Sexual Abuse Material.
The Tenth Circuit reversed a district court order requiring restitution in a child sex trafficking case. The court held that the government failed to prove the victims suffered losses that would not have occurred but for the defendant's specific conduct.
The Eleventh Circuit affirmed Charles Long's 78-month sentence for child pornography possession, ruling that while the district court erred in applying a 75-image-per-video rule, the mistake did not affect Long's substantial rights. The court held that applying the correct one-frame-one-image standard would likely result in a significantly higher image count, meaning no reasonable probability exists that a lower sentence would have been imposed.
The Eleventh Circuit affirmed Charles Long's sentence for possession of child pornography, ruling that while the district court erred by relying on outdated commentary to count videos, Long failed to prove the error affected his substantial rights. The court held that applying the correct one-frame-one-image rule would likely increase, rather than decrease, the total image count, meaning no prejudice existed.
The Eleventh Circuit affirmed a 78-month sentence for child pornography possession, ruling that a sentencing error regarding video image counts did not affect the defendant's substantial rights. Although the district court incorrectly applied a rule counting each video as 75 images, the correct legal standard would likely have resulted in an even higher image count.
The Fourth Circuit affirmed summary judgment for school officials and law enforcement in a civil rights lawsuit brought by a middle school student. The court held that a school official's search of the student's phone and subsequent questioning did not violate the Fourth or Fifth Amendments.
The First Circuit affirmed the conviction of Kevin Lee Ross for possessing child sexual abuse material, rejecting his argument that a joint stipulation precluded the government from displaying the actual images to the jury.
The Fifth Circuit affirmed George Kenneth Orton Jr.'s conviction for producing child pornography, ruling that the evidence supported a finding that the devices used moved in interstate commerce. The court also rejected challenges to the jury instructions and the constitutionality of the underlying statute.
The Sixth Circuit affirmed David Lynn Vannelli's 252-month sentence and the district court's rejection of his plea agreement, ruling that the judge acted within discretion given the egregious nature of the child exploitation offenses. The court held that a sentencing judge is not bound to accept a Rule 11(c)(1)(C) plea recommendation and may impose a higher sentence if the agreed-upon term is inadequate.
The First Circuit affirmed Kevin Lee Ross's conviction for possessing child pornography, ruling that the district court properly admitted graphic exhibits despite a joint stipulation. The court held that the evidence was necessary to prove Ross's knowledge of the illicit material, which he denied, and that its probative value was not substantially outweighed by unfair prejudice.
The Fifth Circuit affirmed Carlos Robles's sentence, ruling that the district court properly applied sentencing guidelines cross-references and enhancements based on relevant conduct involving grooming and sexual acts with a minor. The court further upheld supervised release conditions requiring SORNA compliance and polygraph testing as reasonably related to public safety and the nature of the offense.