United States v. Michael Grzybowicz

How courts have described this case

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

• finding that the subject photos were “blatantly lascivious” and adding that “[djecid-ing whether the Dost factors should be part of the law of our circuit is unnecessary in this case”
• holding a defendant did not engage in a “distribution” of child USCA11 Case: 22-14267 Document: 31-1 Date Filed: 12/07/2023 Page: 8 of 10 8 Opinion of the Court 22-14267 pornography under 18 U.S.C. § 2252A(a
• defining a “las- civious exhibition” as “one that potentially excites sexual desires or is salacious”
• rejecting the defendant’s Com- merce Clause challenge to his § 2251(a
• “The interstate commerce element[s] for [§§ 2251(a) and 2252A(a)(5)(B)] [are] satisfied by proof that the child pornography was transmitted using a facility of interstate or foreign commerce, including by computer . . . .”
• “[A]n expert may testify as to his opinion on an ultimate issue of fact provided that he does not merely tell the jury what result to reach or testify to the legal implications of conduct.”

Source: CourtListener parenthetical corpus (CC0).