United States v. Orlandella, No. 22-1686 (1st Cir. 2024)
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The defendant, Brian Orlandella, was convicted by a jury of sexual exploitation of a minor and transfer of obscene material to a minor. The charges arose from Orlandella's interactions with a minor via the Kik messenger app. On appeal, Orlandella raised five arguments, all of which were rejected by the court.
Orlandella argued that the evidence was insufficient to support his conviction, but the court held that a reasonable jury could have found beyond a reasonable doubt that he persuaded the minor to produce explicit videos and pictures. Orlandella also contended that the court erred by not giving the jury a specific unanimity instruction on Count One, but the court held that a general unanimity instruction was sufficient.
Furthermore, Orlandella claimed that the government violated its obligations to disclose evidence that could have helped his defense. However, the court found that the evidence in question was not material and its suppression did not undermine confidence in the outcome of the trial. Orlandella also argued that the court erred by failing to give the jury a missing witness instruction regarding the government's failure to call the minor as a witness. The court found that the minor was not peculiarly available to the government and that Orlandella was not prejudiced by her absence. Finally, Orlandella contended that his incriminating statements were taken in violation of his Miranda rights. The court held that even if there was a Miranda violation, it was harmless beyond a reasonable doubt given the overwhelming evidence against Orlandella. Consequently, his convictions were affirmed.
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