United States v. Caniff, No. 17-12410 (11th Cir. 2020)Annotate this Case
Upon reconsideration, the Eleventh Circuit sua sponte vacated its prior opinion and substituted the following opinion.
The court held that defendant's private, person-to-person text messages asking an individual he thought was a minor to send him sexually explicit pictures of herself cannot support a conviction for making a "notice" to receive child pornography in violation of 18 U.S.C. 2251(d)(1). The court also held that there was sufficient evidence for a jury to find that defendant believed the victim was thirteen years old, and the district court did not abuse its discretion in permitting the detective's challenged testimony. Therefore, the court reversed defendant's conviction under section 2251(d)(1) and affirmed his convictions under sections 2422(b) and 2251(a).
This opinion or order relates to an opinion or order originally issued on February 15, 2019.