United States Tenth Circuit

Convictions on two child pornography counts were unconstitutional under Ashcroft v. Free Speech Coalition, 122 S. Ct. 1389, and must be reversed, but retrial is not precluded. Defendant's Brady claim fails where virtually all of the deleted e-mail messages contained on the damaged and discarded hard drive were contained on another drive.

Appellate Information

• Decided 04/10/2003
• Published 04/10/2003

Judges

• PAUL KELLY, JR., Circuit Judge., Before, KELLY, PORFILIO, and BRISCOE, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Elizabethanne C. Stevens, Assistant United States Attorney, (Paul M. Warner, United States Attorney and Stephanie D. Thacker, Trial Attorney, U.S. Department of Justice, Child Exploitation and Obscenity Section, on the briefs), Salt Lake City, Utah, for Plaintiff-Appellee., Jenine M. Jensen, Assistant Federal Public Defender (and Michael G. Katz, Federal Public Defender, on the briefs), Denver, Colorado, for Defendant-Appellant.