· 1/22/2004
United States v. Martin C. Myers
Citations
- 355 F.3d 1040
- 2004 U.S. App. LEXIS 913
- 2004 WL 99026
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that an individual who incidentally receives, but knowingly retains, child pornography has sufficient mens rea for possession of child pornography but not receipt
- finding vaginal intercourse between a prepubescent girl and an adult male sadistic
- rejecting double counting argument of a defendant convicted of knowingly receiving materials 12 No. 03-2530 depicting a child engaged in “sexually explicit conduct,” pur- suant to 18 U.S.C. § 2252, as two-point enhancement, pur- suant to § 2G2.2(b)(1
- video of adult male engaging in vaginal intercourse with five to eight-year-old child was “violent” for the purposes of U.S.S.G. 2G2.2(b)(3), because it would have been painful for the child
- “The Supreme Court has held that . . . § 2252(a)(2) includes a scienter requirement, and therefore encompasses only situations in which the defendant knows that the material he is receiving depicts minors engaged in sexually explicit conduct.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Rovner, Bauer, Kanne, Royner
Read full opinion on CourtListenerSourced 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.