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· 10/25/2004

United States of America, Plaintiff-Appellee/cross-Appellant v. John Patrick Farrelly, Defendant-Appellant/cross-Appellee

Citations

  • 389 F.3d 649
  • 2004 U.S. App. LEXIS 22223
  • 2004 WL 2625830

How courts have described this case

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

  • affirming conviction where the Government presented “sufficient evidence of actual children” and the trier of fact ‘was capable of reviewing the evidence to determine whether the Government met its burden to show that the images depicted real children’”
  • affirming conviction where the Government presented “sufficient evidence of actual children” and the trier of fact ‘was capable of reviewing the evidence to determine whether the Government met its burden to show that the images depicted real children’”
  • “the obvious intent of the Guidelines however is to punish less se verely for possession than for trafficking”
  • “The question of whether the images are virtual or real is one of fact, to be determined by evidence about which argument can be made to the jury.”
  • consumer of child pornogra- phy should be sentenced under § 2.2G2.4

Source: CourtListener parenthetical corpus (CC0).

Judges: Keith, Martin, Rogers

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.