National Law Journal: A divided federal appellate court has affirmed the 30-year prison sentence given to a former field hockey coach for soliciting pornographic images from a girl he coached and sharing them with another teen girl with whom he sought to have sex. | United States v. Broxmeyer, 10-5283-cr
Reuters: A New York man imprisoned for possessing and receiving child pornography cannot argue that he was wrongly convicted because he never stored the images on his computer, a federal appeals court has ruled. In an opinion on Monday, a three-judge panel of the 2nd U.S. Circuit Court of Appeals in New York considered for the first time whether viewing forbidden images on the Internet constitutes knowingly receiving and possessing them. | U.S. v. Ramos, No. 10-4802-cr
Sentencing Law and Policy:: The Second Circuit has today issued an important new opinion in the on-going saga concerning whether and how the kids victimized by being featured in illegal child pornography can secure restitution awards from defendants who downloaded these pictures via the internet. The panel opinion in US v. Aumais, No. 10-3160 (2d Cir. Sept. 8, 2011) (available here), gets started this way . . .
United States v. Grober, No 09-1318 (3rd Cir. Oct. 26, 2010)
Law.com: “A federal appeals panel has thrown out a child pornography conviction that was based on explicit photographs texted by a 17-year-old to her field-hockey coach. The 2nd U.S. Court of Appeals held there was no evidence that defendant Todd Broxmeyer asked 17-year-old ‘A.W.’ to take the pictures, and therefore no evidence that he ‘produced’ them as defined by the federal child pornography statutes.” | USA v. Broxmeyer, No. 09-1457-cr (2nd Cir. Aug. 3, 2010)
Defiant judge takes on child pornography law
New York Times, A. G. Sulzberger, 5.21.2010
“In his 43-year career as a federal judge, Jack B. Weinstein has come to be identified by his efforts to combat what he calls ‘the unnecessary cruelty of the law.’ His most recent crusade is particularly striking because of the beneficiary: a man who has amassed a vast collection of child pornography.”
VIP of Berlin v. Town of Berlin, No. 09-2950-cv (2nd Cir. Jan. 25, 2010)
In U.S. v. Polouizzi, No. 08-1830-er (2nd Cir. April 24, 2009), the Second Circuit considered, among other procedural matters, whether the possession of multiple images of child pornography (acquired from the same source on different days) on one external hard drive is properly prosecuted as “one unit” of possession or as several different counts.