United States First Circuit

Pre-trial order excluding three photographs from jury consideration in a trial over possession of child pornography is reversed where: 1) a reasonable jury could decide that the three photographs constitute lascivious exhibitions of the genitals or pubic area within meaning of the statute; and 2) the district court misapplied the factors relevant to the admission of the evidence.

Appellate Information

• Decided 08/17/2006
• Published 08/17/2006

Judges

• LYNCH, Circuit Judge., Before TORRUELLA, LYNCH, and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Dana M. Gershengorn, Assistant United States Attorney, with whom Seth P. Berman, Assistant United States Attorney, and Michael J. Sullivan, United States Attorney, were on brief, for appellant.


• For Appellees:
  
• Miriam Conrad, with whom Federal Defender Office was on brief, for appellee.