United States Fourth Circuit

District court's jury instructions in a child pornography possession conviction were erroneous under Ashcroft v. Free Speech Coalition, 122 S. Ct. 1389, where the government failed to show that some images on computer diskettes involved use of an actual child victim.

Appellate Information

• Decided 03/17/2003
• Published 03/17/2003

Judges

• Before LUTTIG, MICHAEL, and TRAXLER, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Stephen Clayton Gordon, Assistant Federal Public Defender, Raleigh, North Carolina, for Appellant.  Dennis M. Duffy, Assistant United States Attorney, Raleigh, North Carolina, for Appellee.  ON BRIEF:  Thomas P. McNamara, Federal Public Defender, Raleigh, North Carolina, for Appellant.   John Stuart Bruce, United States Attorney, Anne M. Hayes, Assistant United States Attorney, Raleigh, North Carolina, for Appellee.