United States First Circuit

Conviction for possession, transmission, and receipt of child pornography is affirmed over defendant's claims that: 1) the warrant permitting seizure of materials from his home was issued without probable cause; 2) the evidence at trial was insufficient to establish his knowingly receipt or knowingly possession of child pornography; and 3) the evidence was insufficient to support a finding that the photographs on which the convictions were based depicted real children, or that the images listed in his indictment depicted a minor engaging in sexually explicit conduct.

Appellate Information

• Decided 05/12/2008
• Published 05/12/2008

Judges

• CAMPBELL, Senior Circuit Judge., Before LYNCH, Circuit Judge, CAMPBELL and STAHL, Senior Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Judith H. Mizner, Assistant Federal Public Defender, was on brief for appellant.


• For Appellees:
  
• Dana Gershengorn, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, and Kayla Bakshi, Trial Attorney, United States Department of Justice, were on brief for appellee.