United States Tenth Circuit

Ashcroft v. Free Speech Coalition, 535 U.S. 234, did not establish a categorical requirement that, absent direct evidence of identity, an expert must testify that an unlawful image is of a real child. Conditions of supervised release, that a child pornography defendant 1) cooperate in collection of DNA samples, and 2) participate in a sex offender treatment program, are affirmed.

Appellate Information

• Decided 07/07/2003
• Published 07/07/2003

Judges

• STEPHEN H. ANDERSON, Circuit Judge., Before TACHA, Chief Judge, and ANDERSON and O'BRIEN, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Timothy J. Henry, Assistant Federal Public Defender (David J. Phillips, Federal Public Defender, Wichita, KS, with him on the briefs), for Defendant-Appellant., Alan G. Metzger, Assistant United States Attorney, Wichita, KS (Eric F. Melgren, United States Attorney, Topeka, KS, and Brent I. Anderson, Assistant United States Attorney, Wichita, KS, on the brief), for Plaintiff-Appellee.