United States v. John Charles Kuchinski

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 requirement that government consent to conditional plea is not an unconstitutional violation of the separation of powers
• holding that sentencing enhancement was erroneous without proof defendant knew about or controlled child pornography found in internet cache
• holding that a defendant who lacks knowledge about and access to cache files should not be charged with possessing child pornography images located in those files without additional evidence of dominion and control over the images
• holding that a defendant who lacks knowledge about and access to cache files should not be charged with possessing child pornography images located in those files without additional evidence of dominion and control over the images
• noting that evidence must show “some other indication of dominion and control over the images” when defendant lacks access to and control over files
• noting that evidence must show \some other indication of dominion and control over the images\ when defendant lacks access to and control over files

Source: CourtListener parenthetical corpus (CC0).