United States v. Miltier, No. 16-4729 (4th Cir. 2018)Annotate this Case
The Fourth Circuit affirmed defendant's conviction for seven counts of receipt of child pornography and one count of possession of child pornography. The court held that the district court did not err in denying defendant's motion for judgment of acquittal based on insufficient evidence that he knowingly received and possessed the illicit files and based on insufficient evidence that he received child pornography using any means or facility of interstate commerce. The court also held that the district court did not erroneously instruct the jury because the instruction at issue was merely a variance from the superseding indictment, and such variance did not violate defendant's constitutional rights.