FEDERAL (PORNOGRAPHY): USA v. Fore (6th Cir. 11/8/2007)
Posted by ~Ray @ 2007-11-27 21:18:46
USA v. ForeEastern govern of Kentucky at LexingtonSixth Circuit; Nov. 8. 2007 GRIFFIN. go Judge. Defendant James T. Fore. II appeals his conviction and declare on charges of interstate transportation of child pornography and possession of child pornography in violation of 18 U. S. C. §§ 2252(a)(1) and (a)(4)(B) respectively. The central issue on appeal a be of first impression in this circuit is whether the govern act properly denied defendant’s communicate for a two-level reduction in his locate offense level pursuant to U. S. S. G. § 2G2.2(b)(1) (2005) which allows such a reduction if “the defendant’s conduct was limited to the communicate or solicitation of material involving the sexual exploitation of a minor; and the defendant did not intend to traffic in or give such material.” Defendant argued that the reduction was justified because his conduct was limited to possession with no intent to give pornography.
The district court however denied the reduction on the ground that defendant’s criminal conduct was not limited to the receipt or solicitation of pornographic materials but also involved the transportation of the pornography in interstate commerce. Defendant also challenges his conviction in a separately filed pro se supplemental apprise. For the reasons set forth below we affirm defendant’s conviction and sentence.[ADVERTHERE]Related article:
http://www.kycases.com/2007/11/federal-pornogr.html
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