United States First Circuit

Sentence for possession of child pornography is affirmed where the Supreme Court's decision in Ashcroft v. Free Speech Coalition, 535 U.S. 234 (2002), does not require the government to produce expert opinion testimony that a particular pornographic image is of a real, non-virtual child in order to meet its burden of proof by a preponderance of evidence at sentencing. The case also offered no justification for overturning the court's previous decision in US v. Nolan, 818 F.2d 1015 (1st Cir. 1987), that such evidence is not required in order for the government to meet its burden of proving guilt beyond a reasonable doubt.

Appellate Information

• Decided 02/05/2007
• Published 02/05/2007

Judges

• LYNCH, Circuit Judge., Before TORRUELLA and LYNCH, Circuit Judges, and WOODCOCK, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Héctor L. Ramos-Vega, Assistant Federal Public Defender, with whom Joseph C. Laws, Jr., Federal Public Defender, and Patricia A. Garrity, Assistant Federal Public Defender, were on brief, for appellant.


• For Appellees:
  
• Nelson Pérez-Sosa, Assistant United States Attorney, with whom Rosa Emilia Rodriguez-Velez, United States Attorney, was on brief, for appellee.