United States Third Circuit

Conviction for possession of child pornography and attempted possession of child pornography is affirmed where: 1) the search warrant was supported by probable cause as the IP address connected to a criminal attempt to access child pornography was fairly traceable to defendant's apartment and the information in the warrant application describing that attempt was not stale; 2) even assuming that there was a variance between the indictment and the evidence, the record shows that defendant prepared a strong defense that belies any claim of prejudice or surprise at trial; 3) defendant's challenge to the sufficiency of the evidence to support his conviction is rejected; 4) district court did not abuse its discretion by permitting the government to introduce some of the child erotica pictures found on defendant's hard drive; and 5) the district court did not err in admitting testimony concerning the age of a girl depicted in an exhibit.

Appellate Information

• Argued 01/12/2010
• Decided 04/20/2010
• Published 04/20/2010

Judges

• Before SCIRICA, Chief Judge, BARRY, and SMITH, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Anna M. Durbin, Peter Goldberger, (Argued), Ardmore, PA, for Appellant.


• For Appellees:
  
• Denise S. Wolf, (Argued), Office of United States Attorney, Philadelphia, PA, for Appellee.