USA v. David Winkler, No. 09-50703 (5th Cir. 2011)
Annotate this CaseDefendant appealed from two counts of his four-count conviction for receipt and possession of child pornography after Immigration and Customs Enforcement ("ICE") seized several computers and hard drives belonging to defendant and discovered images and videos of child pornography. At issue was whether there was sufficient evidence to support defendant's conviction in Count I for "knowingly receiving" pornographic images under 18 U.S.C. 2252(a)(2) and whether there was sufficient evidence at trial to support his conviction in Count 5 for possessing certain other images under section 18 U.S.C. 2252A(a)(5)(B). The court held that, given the evidence at trial, and especially the evidence that defendant repeatedly paid for members-only child pornography sites, the jury could have concluded that he paid for access to the child pornography site, entered a password and username to access the two videos at issue in Count I, and had them transmitted to his computer. The court also held that the government produced sufficient evidence for a reasonable juror to find that defendant knowingly downloaded the files at issue in Count 5 where it took into account the overwhelming evidence the government presented of defendant's involvement with child pornography.
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