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Articles Posted in Sex crimes and internet crimes

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Restitution for the future needs of the victim of child sexual abuse is upheld

  In U.S. v. Osman, the defendant appealed his restitution order following his guilty plea to one count of production of child pornography, one count of distribution of child pornography and one count of possession of child pornography. On six occasions Osman sexually abused an molested his approximately one-year-old daughter…

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Sentencing enhancement only requires that the conduct involve sadistic or masochistic conduct regardless who it is directed against

In U.S. v Scheels the Defendant pled guilty to one count of production of child pornography and one count of receipt of child pornography and received a 600-month sentence of imprisonment. In calculating his sentencing guideline range, the district court imposed a four-level enhancement under 2G2.1(b)(4) of the U. S.…

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Enhanced sentence imposed for sexual encounters with the same minor on separate occasions

  In U.S. v Nagel the defendant appealed his 292 month sentence imposed after pleading guilty to a charge of enticing a minor to engage in sexual activity in violation of 18 U.S.C. section 2422(b) His appeal centered around the procedural and substantive reasonableness of his sentence specifically whether the…

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Life term of supervised release was not an unreasonable sentence for sex offender

  U.S. v. Trailer is an appeal from a sentence impose for violation the terms of supervised release that was part of the defendant original sentence for failing to register as a sex offender in violation to 18 USC §2255. A special condition of the original supervised release condition what…

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Child pornography sentence of 151 months found to procedurally and substantively reasonable

In United States v. Cubero the Defendant appealed from his 151 month sentence and life-term of supervised release after pleading guilty to one count of distribution of child pornography and two count of possession of child pornography in violation of 18 U.S.C. 2252(a)(4)(B).   For various reasons he argued that his…

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Nude photos of a minor in her bathroom amount to images of sexually explicit conduct under the child pornography statute

In United States v Holmes the defendant appealed his conviction for production of child pornography and possession of child pornography in violation of 18 U.S.C. 2251(a) and 2252(a) (4)(B). Holmes was charged with surreptitiously videotaping his teenage stepdaughter performing her daily bathroom routine over a period of approximately five months…

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Sufficient evidence of forcing victim to work as a prostitute in the United States and in foreign countries

In US v. Damion St. Patrick Baston (“Baston”), the Defendant worked as a pimp and forced various women to work as prostitutes in Florida and around the world while keeping the money they earned As a result he was indicted for violating 18 U.S.C. 1593 and charged in Miami federal…

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Search for child pornography on home computer upheld after wife gave valid consent to the search even though the husband later refused to give consent

In USA v. Thomas the Defendant was convicted of knowingly accessing with intent to view child pornography in violation of 18 U.S.C. 2252(a)(4)(B). Prior to his federal court trial he filed a motion to suppress the incriminating images of child pornography that were seized from his desktop computer at his…

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Sentence of 151 months for possession and distribution of child pornography found to be reasonable

In U.S. v Cubero the Defendant appealed from his 151 month federal sentence and life-term of supervised release. He was sentenced in federal court after pleading guilty to one count of distribution of child pornography and two count of possession of child pornography in violation of 18 U.S.C. 2252(a)(4)(B). For…

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Defendant challenges the sufficiency of the indictment

In U.S. v. Bailey, defendant appealed his convictions for sexual exploitation of a child and possession of child pornography in violation of 18 U.S.C § 2251(a) and 18 U.S.C § 2252A(a)(5)(B) respectively. He argued that the indictment was insufficiently clear and that there was insufficient evidence to support his conviction…

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