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Understanding Downward Variance in Sentencing in Child Pornography Cases
To determine whether a downward variance was appropriate in child pornography cases, the court will apply the approach proposed by the United States Sentencing Commission in Chapter 12(C) of its 2012 Child Pornography Report to “differentiate between offenders based on the content of the pornography at issue.”
Inmate Interview: John
John received a prison sentence of a year and a day for possession of child pornography. Erica Mynarich interviewed John as part of a series of interviews aimed at shedding light on the experience of federal inmates.
Inmate Interview: Cynthia
Cynthia was re-sentenced to 24 months in the Bureau of Prisons after violating her original sentence of probation multiple times. Erica Mynarich interviewed Cynthia as part of a series of interviews aimed at shedding light on the experience of federal inmates.
Inmate Interview: Mark
Mark was convicted of conspiracy to distribute methamphetamine and spent 10 years as a federal inmate. Shane Cantin interviewed Mark as part of a series of interviews aimed at shedding light on the experience of federal inmates.
Understanding Waiver of Appellate Rights in Child Pornography Cases
Whether a valid waiver of appellate rights occurred is a question of law that courts will review de novo. The question in this case is whether Defendant “knowingly and expressly” waived any and all rights to appeal his conviction and sentence, except for a claim of ineffective assistance of counsel.
Understanding Conditions of Probation in Child Pornography Cases
The conditions of probation prohibited Defendant from possessing sexually explicit material - including child pornography, accessing the internet or electronic devices without permission, using nonapproved social media or chat websites, and consuming alcohol or drugs. A standard condition of probation for child pornography-related crimes required Defendant to “submit at any time to an unannounced visit and/or search of the offender’s person, vehicle or premises by the agent/designee.”
Circumstantial Evidence in Child Pornography Cases
In Child Pornography Cases Indirect Evidence Can Lead to Conviction. The defendant argues there was insufficient evidence to support his conviction for production of child pornography. The defendant argues that while the minor victim testified Ashford requested and she sent sexually explicit pictures of herself to his Facebook Messenger account, no direct evidence showed he actually sent and received those communications.
Challenging Expert Testimony in Child Pornography Cases
Expert testimony can play an important part in child pornography cases. In this case, the defendant contends that the prosecution’s expert lacked the qualifications necessary to provide an expert opinion as to identity-based upon the comparison of finger and knuckle creases as shown in the two sets of photos. The defendant claims that the government’s expert instead used a generic method unreliable for the comparison of finger and knuckle creases.
Examining Defense Witness Testimony in Child Pornography Cases
Defendant argued that the hearsay statement contains sufficient circumstantial guarantees of trustworthiness to be admissible.
Determining Indigency in Child Pornography Cases
In child pornography cases, the determination of indigency is a determination for the district court to make in the first instance, in light of true facts, and is subject to review for clear error.
Involuntary Statements in Child Pornography Cases
A statement is involuntary when it is extracted by threats, violence, or express or implied promises sufficient to overbear the defendant’s will and critically impair his capacity for self-determination. There are several factors used to determine voluntariness of statements in child pornography cases.
Appealing a Guilty Plea in Child Pornography Cases
The case relates to that defendant's motion to withdraw his guilty plea. Defendant alleged that he had been taking medications with side effects that interfered with his ability to make a knowing and intelligent plea.
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