by Marc Neff
Supreme Court Limits Restitution Payments to Victims of Child Pornography
The Supreme Court on Wednesday rejected a plea to make it easier for victims of child pornography to collect money from people who view their images online, throwing out a nearly $3.4 million judgment in favor of a woman whose childhood rape has been widely seen on the Internet. The case involved a woman known in court papers by the pseudonym “Amy.” Her losses for psychological...
by Marc Neff
Sentence Procedurally Unreasonable Where Court Failed to Address Variance Argument
In United States v. Begin, 2012 WL 4784362 (3d Cir. Oct. 9, 2012), Defendant Begin appealed from his 240-month sentence for using the Internet and a cellular phone to “attempt to persuade a minor to engage in any sexual activity for which a person can be charged”. Begin pled guilty and was sentenced to 240 months’ imprisonment, representing a 30-month upward departure from...
by Marc Neff
Second Circuit Holds that Certain Acts Involving Children are not Relevant Conduct for Sentencing Purposes
In U.S. v. Wernick, No. 10-2974 (2d Cir. August 8, 2012), Defendant was convicted by jury in the United States District Court for the Eastern District of New York on five counts of receiving and distributing child pornography, reproducing child pornography for distribution by computer, possessing materials containing images of child pornography, and persuading, inducing, and enticing minors to...
by Marc Neff
Third Circuit Holds that Trial Judge Should Have Reviewed Video Evidence in Child Pornography Case Before Allowing Submission of the Tapes to the Jury
In U.S. v. David L. Cunningham, No. 10-4021 (3d Cir. Sept. 18, 2012), Defendant Cunningham was charged with receiving, possessing, and distributing child pornography. After a jury trial, Cunningham was sentenced to 210 months in prison and 20 years of supervised release for the receipt and distribution of child pornography. Before the jury trial, Cunningham attempted to prevent certain,...
by Marc Neff
Child Pornography Sentence Vacated
In United States v. Inman, 666 F.3d 1001; 2012 U.S. App. LEXIS 1394, The United States Court of Appeals for the Sixth Circuit vacated the sentence of defendant Brandon Inman, a federal prisoner who pleaded guilty to possession of child pornography. Inman appealed from The United States District Court for the Eastern District of Kentucky’s judgment imposing lifetime supervised release and...
by Marc Neff
Child Pornography Legal To View Online In New York – Court Rules That Looking At Porn Doesn’t Mean Possession
In The People v. James D. Kent, 2012 NY Slip Op 3572, the Court of Appeals of New York reversed Defendant Kent’s conviction for possession of child pornography as to counts relating to pornographic images he did not download or otherwise manipulate or control. On May 26, 2005, defendant James D. Kent, a professor of public administration at a Dutchess County college, received a new office...
by Marc Neff
3rd Circuit Upholds 30-year Sentence in Child Pornography Case
In U.S. v. Hardy, the Court of Appeals for the Third Circuit upheld the thirty year prison sentence handed down by the United States District Court for the Western District of Pennsylvania when defendant Kelly Hardy pleaded guilty to three child pornography offenses. 2011 U.S. App. LEXIS 24475. On April 16, 2009, law enforcement officers conducted a search of Hardy’s home and seized...
by Marc Neff
Defendant in Child Pornography Case Ordered to Pay Restitution to Child Depicted in One of His Images
Ricky Lee Daniel was convicted in the United States District Court for the Northern District of Georgia of possession of child pornography in violation of 18 U.S.C.S. §§ 2252A(a)(5)(B) and 2256(8)(A). United States v. McDaniel, 631 F.3d 1204 (2011). The district court ordered the defendant to pay restitution to a child depicted in one of the images, and defendant appealed. A jury convicted...
by Marc Neff
Fifth Amendment Protects Defendant’s Refusal to Produce Encrypted Computer Files
In RE: GRAND JURY SUBPOENA DUCES TECUM DATED MARCH 25, 2011 UNITED STATES OF AMERICA, v. JOHN DOE, Appellant, 2012 WL 579433, Nos. 11–12268 & 11–15421, is a decision of the United States Court of Appeals, Eleventh Circuit (February 23, 2012) in an appeal of a judgment of civil contempt in the United States District Court for the Northern District of Florida. “John Doe” was served with a...
by Marc Neff