United States Third Circuit

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US v. Franz, 13-2406

Conviction of defendant on one count of receipt of child pornography is affirmed, where: 1) good faith analysis reveals that the officer did not act deliberately recklessly, or with gross negligence in executing the warrant, despite the fact that execution was constitutionally defective, and application of the exclusionary rule would provide little deterrent effect and would not justify the costs of suppression; 2) defendant’s Rule 41 and due process arguments are waived because he raised them for the first time in his motion for reconsideration and has not established good cause for his failure to raise them earlier; 3) the district court’s direct, repeated, and thorough curative instructions demonstrate that it is highly improbable that any error in the admission of the pamphlet evidence contributed to the judgment of guilt; and 4) the government properly established three elements of the receipt charge: the nature of the image-at-issue was sexual, a rational jury could conclude that defendant knowingly received the image, and a jurisdictional nexus existed.

Appellate Information

  • Decided 11/04/2014
  • Published 11/04/2014

Judges

  • Jordan

Court

  • United States Third Circuit

Counsel

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