United States v. Jarman, No. 11-31217 (5th Cir. 2012)
Annotate this CaseAt issue in this case was 18 U.S.C. 3509(m), which contains specific instructions that mandate government retention of child pornography evidence during criminal proceedings. Section 3509(m)'s retention mandate that child pornography remain in the government's possession applies as long as the material is made "reasonably available" to the defendant for purposes of Fed. R. Crim. P. 16. The statute further states that the material is "reasonably available" as long as the government provides "ample opportunity" for the defendant to inspect, view, and examine the material. The district court in this case found that the government failed to provide Defendant with ample opportunity to examine the child pornography evidence at a government facility. The Fifth Circuit Court of Appeals affirmed, holding that the district court did not clearly err in determining that the government did not provide Defendant with "ample opportunity" to inspect, view, or examine the material at the government facility.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.