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Fourth Circuit rejects intriguing arguments against federal child porn conviction

By Douglas A. Berman

The Fourth Circuit today has an interesting discussion of a variety of issues in an appeal of a federal child porn conviction and sentence in US v. Malloy, No. 08-4136 (4th Cir. May 28, 2009) (available here). Here is the start of the opinion and one section noting some interesting sentencing aspects of the case: Appellant Michael Malloy challenges his conviction and sentence under 18 U.S.C. § 2251(a) for producing a videotape of himself and another adult having sex with a 14 year-old girl ("S.G."). Among other issues, Malloy contends that the statute is constitutionally infirm unless we interpret it to incorporate a reasonable mistake of age defense. For the reasons that follow, we affirm Malloy?s conviction and sentence.... Although Malloy?s advisory sentencing guidelines range was 324 to 360 months, the court sentenced him to the statutory mandatory minimum of 15 years (180 months)...continue to full post

Full post as published by Sentencing Law and Policy on May 28, 2009 (boomark / email).