United States Tenth Circuit

Defendant's conviction for knowingly receiving and attempting to receive child pornography is vacated where there was no evidence presented to the jury that defendant even saw the pictures at issue, much less had the ability to exercise control over them by, for example, clicking on them or enlarging them.

Appellate Information

• Decided 01/05/2011
• Published 01/05/2011

Judges

• Jerome Holmes

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• John T. Carlson, Barak Cohen