United States v. Hillie, No. 19-3027 (D.C. Cir. 2021)
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Hillie was convicted of sexual exploitation of a minor, 18 U.S.C. 2251(a), attempted sexual exploitation of a minor, 18 U.S.C. 2251(e), possession of images of a minor engaging in sexually explicit conduct, 18 U.S.C. 2252(a)(4)(B), and various counts relating to sexual abuse of children and minors, under D.C. law. A search of his electronic devices had revealed videos, recorded by cameras hidden in the bedroom and bathroom, of minors in the nude. Hillie had also touched the girls in a sexual manner. He was sentenced to 354 months’ imprisonment.
The D.C. Circuit vacated in part, agreeing that there was insufficient evidence to support his convictions of sexual exploitation of a minor, attempted sexual exploitation of a minor, and possession of images of a minor engaging in sexually explicit conduct. No rational trier of fact could find the girl’s conduct depicted in the videos to be a “lascivious exhibition of the anus, genitals, or pubic area of any person,” under section 2256(2)(A) nor that Hillie intended to use the girl to display her anus, genitalia, or pubic area in a lustful manner that connotes the commission of sexual intercourse, bestiality, masturbation, or sadistic or masochistic abuse, and took a substantial step toward doing so. The court rejected arguments that the court erroneously instructed the jury, erroneously admitted certain testimony, and erroneously denied a motion to sever the federal counts from the remaining counts.
The court issued a subsequent related opinion or order on June 28, 2022.
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