United States v. McGill, No. 12-3490 (7th Cir. 2014)
Annotate this CaseThe government claims that McGill spent most of his free time in his apartment and rarely socialized except with Elliott, who had befriended McGill in 2006 after they met through an acquaintance who shared their sexual attraction to young boys. Elliott introduced McGill to child pornography, yet during their three-year friendship, he had never known McGill to give child pornography to anyone, not even when Elliott took him to a 2008 swap meeting. Elliott regularly attended such events and used the Internet to distribute child pornography, including photos he took of himself sexually assaulting a young boy. Elliott was arrested in 2009 and, offered hope of leniency, became an FBI informant and targeted McGill. After weeks of pestering, McGill allowed Elliot to bring a USB flash drive to his apartment to copy child pornography from his computer. McGill was charged with distributing child pornography and possession, 18 U.S.C. 2252A(a)(2), (a)(5)(B). The judge declined to give an entrapment jury instruction. The Seventh Circuit reversed. A rational jury could have found in favor of McGill on the issue of entrapment.
The court issued a subsequent related opinion or order on June 26, 2014.
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