United States v. Acevedo-Maldonado, No. 11-1334 (1st Cir. 2012)Annotate this Case
Defendant was convicted after a jury trial of producing, and aiding and abetting in the production of, a visual depiction of a minor engaged in sexually explicit conduct using materials mailed, shipped, or transported in interstate or foreign commerce. Defendant appealed, asserting that the Government's proof as to the crime's jurisdictional element - i.e, that the materials were part of foreign or interstate commerce - rested on inadmissible hearsay, which violated his right to confrontation under the Sixth Amendment. Defendant argued that the testimony of the Government's witness regarding the origin of a hard drive and webcam constituted inadmissible hearsay because it relied on statements contained in the labels affixed to the same. The First Circuit Court of Appeals affirmed Defendant's conviction, holding that the trial court did not plainly err in admitting the disputed testimony, as the witness could have relied on his own expert knowledge rather than the labels in forming an opinion about the objects' origin.