United States First Circuit

Conviction and sentence on child pornography charges are affirmed where: 1) expert testimony concerning whether images depict real rather than virtual children is not required in order for a magistrate judge to determine whether there is probable cause to issue a search warrant for a defendant's home; and 2) a jury was not required to determine the fact of defendant's prior convictions in order to apply a sentencing enhancement for recidivism.

Appellate Information

• Decided 03/18/2008
• Published 03/18/2008

Judges

• LIPEZ, Circuit Judge., Before LIPEZ, Circuit Judge, CYR, Senior Circuit Judge, and HOWARD, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Raymond E. Gillespie, for appellant.


• For Appellees:
  
• Mark T. Quinlivan, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief for appellee.