United States v. Sturm, No. 09-1386 (10th Cir. 2011)
Annotate this CaseThe defendant challenged convictions for possession and receipt of child pornography, violations of 18 U.S.C. 2252A. The Tenth Circuit affirmed, first rejecting an argument that conviction of possession required intent to distribute. Harms resulting from possession differ from those flowing from receipt and from distribution. The statute describes distinct criminal acts, so conviction for both receipt and possession does not constitute double jeopardy. A jury instruction, stating that merely observing child pornography without receipt or possession, did not constitute a crime, was adequate despite not defining "receives." Jury instructions adequately explained that accidental receipt is not a basis for conviction. To satisfy the "interstate commerce" element of the crimes, the government was required to prove only that the pornographic image crossed state lines, not that the digital file in which the image was contained crossed state line. Admission of evidence concerning a prior conviction, under Ohio law, for pandering sexual material as admissible under Rule 414; the conviction qualified as an "offense of child molestation" and was probative of the defendant's propensity to receive and possess child pornography. The court gave an appropriate cautionary instruction about the evidence.
The court issued a subsequent related opinion or order on February 24, 2012.
The court issued a subsequent related opinion or order on March 13, 2012.
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