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Second Circuit affirms conviction and sentence of creator of morphed child porn

By Douglas A. Berman

The Second Circuit today handed down an interesting and notable child porn ruling in US v. Hotaling, No. 09-3935 (2d Cir. Feb. 28, 2011) (available here), which gets started this way: Defendant-Appellant, John Hotaling, appeals from a judgment of the United States District Court for the Northern District of New York (Mordue, J.) of conviction for violation of 18 U.S.C. §§ 2252A(a)(5)(B) and 2256(8)(C) and imposition of a sentence based on a specific offense characteristic sentencing enhancement pursuant to U.S.S.G. § 2G2.2(b)(4).  The district court concluded that the statute prohibiting possession of child pornography was not unconstitutionally overbroad as applied to defendant, nor unconstitutionally vague, and also applied a sentence enhancement on the basis of a photograph depicting sadistic or masochistic imagery...continue to full post

Full post as published by Sentencing Law and Policy on February 28, 2011 (boomark / email).