United States Third Circuit

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US v. Cunningham, 10-4021

Defendant's conviction for the receipt and distribution of child pornography is vacated and remanded for a new trial where the district court abused its discretion by: 1) failing to review the two videos, containing seven different video clips as a sample of the child pornography that gave rise to the charges, prior to admitting them; and 2) allowing the videos to be shown to the jury, because their highly inflammatory nature clearly and substantially outweighed their probative value pertaining to the crimes charged.

Appellate Information

  • Decided 09/18/2012
  • Published 09/18/2012

Judges

  • Jordan

Court

  • United States Third Circuit

Counsel