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Significant Third Circuit ruling in federal child porn case

By Douglas A. Berman

Through a long opinion in US v. Miller, No. 06-5187 (3d Cir. June 2, 2008) (available here), the Third Circuit reaches some significant conclusions in a federal child porn prosecution. Here is how the opinion starts: Pursuant to a jury trial in the District Court for the Middle District of Pennsylvania, Donald R. Miller was found guilty of (1) receiving child pornography, in violation of 18 U.S.C. § 2252A(a)(2), (2) possessing the same images of child pornography, in violation of 18 U.S.C. § 2252A(a)(5)(B), and (3) marijuana possession, in violation of 21 U.S.C. § 844(a).  Miller was sentenced to concurrent terms of 46 months? imprisonment on the two child pornography counts and a concurrent term of 12 months? imprisonment on the marijuana count...continue to full post

Full post as published by Sentencing Law and Policy on June 02, 2008 (boomark / email).