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Digital Dirt Blawg
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Posted by: Frederick Lane
on 08 April 2011
Alleged Fourth Amendment Error Rejected -- Defendant was convicted of three counts of robbery. Following affirmation of his conviction by the Second Circuit, defendant filed a petition for post-conviction relief, alleging various instances ineffective assistance of counsel.
Posted by: Frederick Lane
on 03 April 2011
Denial of Motion to Suppress Affirmed -- Defendant was convicted for conspiracy to possess with intent to distribute 50 grams or more of cocaine base (crack) and possession with intent to distribute cocaine base (crack).
Posted by: Frederick Lane
on 02 April 2011
Conviction Affirmed -- Defendant was convicted of production of child pornography in violation of 18 U.S.C. § 2251(a) and appealed. In 1999, defendant moved in with a woman and her six children in a home in Maine. One of the children was a 13-year-old girl.
Posted by: Frederick Lane
on 02 April 2011
Motion to Suppress Granted -- San Francisco police officers observed three men whom they believed to be members of the MS-13 gang standing in front of a restaurant. A no-loitering sign was posted in the restaurant window. The officers watched the men for a few minutes, but observed no threatening or gang-related behavior. The officers approached the men to advise them about the no-loitering policy, and despite the lack of any threatening behavior, conducted a pat-down search of each one.
Posted by: Frederick Lane
on 24 March 2011
Motion to Suppress Granted in Part and Denied in Part -- A search warrant was issued authorizing law enforcement agents to search for and seize evidence relating to two separate alleged crimes: drug trafficking and the manufacture of explosive devices. During the execution of the warrant, agents located and seized three marijuana pipes and three Dell computers. Defendant moved to suppress the computers, arguing that there was no probable cause for the search relating to drug trafficking.
Posted by: Frederick Lane
on 23 March 2011
Motion to Suppress Denied -- Defendant was a target of an investigation into an "account takeover" scam. Based on the results of their investigation, law enforcement agents applied for and received search warrants for the apartment of defendant's girlfriend, and a silver-colored Lexus automobile, which contained a laptop with relevant evidence.
Posted by: Frederick Lane
on 22 March 2011
Conviction affirmed -- Defendant was convicted of production, possession, and receipt of child pornography, and was sentenced to life plus ten years in prison. Defendant appealed, arguing that the district court erred by admitting evidence of a prior sexual assault, and by issuing improper jury instructions.
Posted by: Frederick Lane
on 16 March 2011
Motion in Limine Denied -- A computer forensics expert hired by plaintiff testified that certain computer files known as "OCA files" were a integral part of plaintiff's software and could not be created without using plaintiff's software. Defendant moved to suppress the expert's conclusory testimony on the grounds that he was unqualified and used unreliable methodology to reach his conclusion. See Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993).
Posted by: Frederick Lane
on 16 March 2011
Sentence affirmed -- Defendant was convicted of receiving child pornography and was sentenced to twelve years in prison. Defendant argued that the district court inappropriately enhanced his sentence two levels for sadistic or masochistic content, and two levels for using a computer. The Court of Appeals said that record was clear that the material received by defendant included sadistic or masochistic images. The Court also noted that defendant not only used a computer to receive child pornography, but also used it to send the contraband to minor girls. The Court also rejected defendant's other challenges to his sentence (none of which dealt with forensics issues) and affirmed the district court's rulings.
Posted by: Frederick Lane
on 10 February 2011
Motion in Limine Denied -- Defendant was charged with possession, receipt, distribution, and attempted distribution of child pornography. In a pre-trial motion, defendant sought to limit the government from playing anything more than brief excerpts of the alleged contraband, on the grounds that it would take "hours" and be "profoundly disturbing and distressing." The defendant asked the court to limit the number of videos introduced to just 15, and to restrict playback to a few seconds each. The government responded that it would pose voir dire questions intended to limit the potential for prejudice and argued that in any case, showing the videos is not "unfairly" prejudicial. The District Court noted that a key element of the charge is that defendant knowingly distributed, possessed, and received child pornography videos, and the best evidence as to the nature of the charged items are the videos themselves. The Court also concluded that the probative value of the evidence outweighed its obvious prejudicial impact. However, the Court said, the government may not "overwhelm the jury" and would be restricted to presenting a "reasonable representative number of images and videos." Defendant also moved to limit the introduction of "other acts" evidence, including specifically sexually explicit stories involving minors and images found on computers for which he was not charged. The Court noted that charges had been brought based on the additional computers and concluded that the motion was moot (without rendering an opinion on the admission of the explicit stories).<
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