United States v. Loughry, No. 10-2967 (7th Cir. 2011)Annotate this Case
Defendant's website displayed "exhibition" pornography, such as exhibition of children's genitals, but no images of sexual contact. Some users advertised or distributed child pornography to other users. When agents searched defendant's home, they found additional "hard core" pornography videos. The district court allowed the government to show the jury uncharged videos. Defendant was convicted of advertising and conspiracy to advertise child pornography and of distributing and conspiracy to distribute child pornography (18 U.S.C. 2251(d)(1)(A), 2252(a)(2) and 2252(b)(1)). The Seventh Circuit reversed and remanded. The district court erred in admitting "hard core" pornography without examining it, in not explaining its reasoning under Rule 403, and in admitting the evidence even though it was highly inflammatory and had only minimal probative value.