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· 10/5/2012

United States v. Max Budziak

Citations

  • 697 F.3d 1105
  • 89 Fed. R. Serv. 812
  • 2012 WL 4748704
  • 2012 U.S. App. LEXIS 20814

How courts have described this case

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

  • holding that a jury instruction defining “distribution” under 18 U.S.C. § 2252 was not plain error because the Ninth Circuit “had not yet resolved the issue” of whether “distribution” included file-sharing programs
  • affirming a distribution conviction, where FBI “agents actually downloaded shared files containing child pornography from an IP address registered to” the defendant
  • affirming a distribution conviction, where FBI “agents actually downloaded shared files containing child pornography from an IP address registered to” the defendant
  • finding no \invited\ error because the record did \not reflect that [defendant] intentionally abandoned or rejected the element of [an] instruction he now asserts the court should have included\
  • “While we have no reason to doubt the government’s good faith in such matters [referring to Rule 16 requests], criminal defendants should not have to rely solely on the government’s word that further discovery is unnecessary.”
  • “While we have no reason to doubt the government’s good faith in such matters [referring to Rule 16 requests], criminal defendants should not have to rely solely on the government’s word that further discovery is unnecessary,”

Source: CourtListener parenthetical corpus (CC0).

Judges: Tashima, Clifton, Murguia

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.