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Fourth Circuit denies en banc review in the Whorley obscenity case.

By Marks & Katz, LLC

   Bill of Rights (From public domain.) On March 9, 2009, I blogged about the Fourth Circuit's decision upholding a conviction and steep sentence on counts for obscenity and child pornography in the form of Japanese anime drawings and allegedly obscene e-mails.  U.S. v. Whorley, 550 F.3d 326 (4th Cir. 2008). Concurring in part and dissenting in part, Judge Gregory joined the majority in affirming Whorley's conviction for receiving obscenity in the form of the drawings, and Whorley's conviction for violating 18 U.S.C. § 2252(a)(2) (generally prohibiting receipt of visual depictions "involv[ing] the use of a minor engaging in sexually explicit conduct" and displaying such conduct). It is remarkable and most unfortunate that all three judges upheld the foregoing 18 U...continue to full post

Full post as published by Underdog on June 29, 2009 (boomark / email).