United States v. Pires, No. 10-1062 (1st Cir. 2011)Annotate this Case
An FBI agent searched a file-sharing site, found child pornography traceable to the defendant's IP address, and searched the defendant's computer. The agents found pornography on the computer and the defendant admitted using search terms like "Lolita" and "young preteen" and downloading videos. The defendant was sentenced to five years for attempted receipt of pornography and knowing possession of child pornography in violation of 18 U.S.C. 2252. The First Circuit affirmed. There was sufficient evidence that the defendant knowingly sought to and did acquire child pornography. The government proved the images traveled interstate when it introduced evidence that the defendant received images that were transmitted over the Internet. The trial court acted within its discretion in excluding expert testimony that the defendant was free of major mental illness; the evidence had the potential to confuse the jury. The proffered testimony was peripheral, at best, and its exclusion did not interfere with defendant's constitutional right to present a defense. The court rejected numerous other claims, including claims related to statements made by the prosecution.