United States First Circuit

Child pornography conviction under 18 U.S.C. section 2252A(a)(5)(B) requires the government to present evidence proving that the child in the image is not confabulated, but real; expert testimony as to the ages of the depicted children was inadequate to meet this burden, thus post-conviction relief was properly granted.

Appellate Information

• Decided 04/02/2004
• Published 04/02/2004

Judges

• Before TORRUELLA and HOWARD, Circuit Judges, and SCHWARZER, Senior District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• F. Mark Terison, Senior Litigation Counsel, with whom Paula D. Silsby, United States Attorney, was on brief, for appellant.


• For Appellees:
  
• Bruce M. Merrill, on brief, for appellee.