United States Ninth Circuit

Defendant's conviction and sentence for receipt or distribution of material involving the sexual exploitation of minors is affirmed over claims that: 1) the district court erred in admitting movie and image files into evidence as the government did not establish that the movie and image files actually depicted a minor; 2) without such evidence, there was insufficient evidence that he possessed authentic material depicting the sexual exploitation of an actual minor; 3) admission of sexually explicit chat logs was irrelevant and unduly prejudicial since he conceded the issue of knowledge; 4) there was not a sufficient factual basis for a sentence enhancement pursuant to U.S.S.G. section 2G2.2(b)(7)(D); and 5) the district court erred by failing to hold an evidentiary hearing to determine the number of images he possessed.

Appellate Information

• Argued 08/13/2007
• Decided 10/19/2007
• Published 10/19/2007

Judges

• PER CURIAM., Before:  EUGENE E. SILER, JR.,M. MARGARET McKEOWN, and CARLOS T. BEA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Daniel J. Broderick, Federal Defender, Robert W. Rainwater, Assistant Federal Defender, Fresno, CA, for the defendant-appellant., McGregor W. Scott, United States Attorney, Sherrill A. Carvalho, Assistant United States Attorney, Fresno, CA, for the plaintiff-appellee.