United States v. Brune, No. 12-3322 (10th Cir. 2014)Annotate this Case
Gustave Brune repeatedly failed to update his sex offender status as required by Kansas and federal law. When arrested for these failures, the arresting agents found images of child pornography on Brune’s computer. He was eventually indicted in federal court for failure to update the sex offender registry and possession of child pornography, and convicted on both charges. Brune argued on appeal: (1) that a subsection of the Sex Offender Registration and Notification Act (SORNA) was unconstitutional; and (2) the statute that criminalizes possessing, or accessing with the intent to view, materials containing images of child pornography was unconstitutionally overbroad because it proscribed significant amounts of speech and conduct protected by the First Amendment. After review, the Tenth Circuit affirmed the district court's decision to deny Brune's motions to dismiss his indictment.