Harry Phillips v. Russell Maston, Superintendent, Saint Marys Correctional Center and Jail

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that the rule authorized a maximum punishment of four months of confinement and associated penalties in a case involving virtual child pornography
• holding that an Article 134, UCMJ, offense for child pornography that was not directly analogous to federal criminal statute was a simple disorder
• explaining that because the CPPA does not punish possession of “what appears to be” child pornography, it was error “to utilize the punishment author-ted for a violation of the CPPA when setting the maximum punishment”
• “This Court has repeatedly held that possession of child pornography, whether actual or virtual, may constitutionally be prosecuted under clauses 1 and 2, Article 134, UCMJ.”
• “An offense comprised of acts that cannot be criminally charged under the United States Code at all is neither ‘directly analogous’ nor ‘essentially the same’ as one that can be.”
• “An offense comprised of acts that cannot be criminally charged under the United States Code at all is neither ‘directly analogous’ nor ‘essentially the same’ as one that can be.”

Source: CourtListener parenthetical corpus (CC0).