United States Ninth Circuit

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US v. Brown, 15-30148

Conviction of conspiracy to make, print, or publish 'any notice or advertisement seeking or offering' child pornography, 18 U.S.C. sections 2251(d) and (e), is reversed and remanded for retrial where, by effectively ruling as a matter of law that the closed nature of the online bulletin board of which defendant a member was irrelevant to the question of whether an 'advertisement' or a 'notice' had been shown, a determination that was the jury's to make, the district court violated the defendant's fundamental right to assistance of counsel and right to present a defense, which was structural error, and relieved the prosecution of its burden to prove its case beyond a reasonable doubt.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/06/12

Judges

  • TIGAR

Court

  • United States Ninth Circuit

Counsel


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