United States v. Palomino-Coronado, No. 14-4416 (4th Cir. 2015)
Annotate this CaseDefendant appealed his conviction of knowingly employing, using, persuading, inducing, enticing, or coercing a minor in sexually explicit conduct, for the purpose of producing a visual depiction of that conduct, in violation of 18 U.S.C. 2251(a). The court held that the government adduced insufficient evidence to show that defendant acted for the purpose of producing a visual depiction. In this case, defendant's use of a cell phone to take pictures does not support a finding of purpose. Therefore, the district court erred in denying defendant’s motion for judgment of acquittal. The court reversed and vacated the conviction.
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