LATEST SUMMARIES

CONSTITUTIONAL LAW, CRIMINAL LAW & PROCEDURE, EVIDENCE, FAMILY LAW, SENTENCING
• US v. Ortiz-Graulau

LATEST SUMMARIES

CONSTITUTIONAL LAW, CRIMINAL LAW & PROCEDURE, EVIDENCE, FAMILY LAW, SENTENCING
US v. Ortiz-Graulau, No. 06-1768
In a criminal prosecution of adult defendant for taking sexually explicit photographs of a minor with whom he had a legal and consensual sexual relationship, conviction and sentence for possession of child pornography and exploiting a minor for the purpose of producing photographs is affirmed where: 1) despite defendant's claims that his purpose for taking those photographs was to memorialize his intimate relationship rather than to make pictures for displaying to others, the criminal statutory language requires only that a visual depiction be made, even for private use; 2) although excluding depicted minor's testimony as to facts bearing directly on specific statutory element of defendant's offense was arguably erroneous, the issue was not raised on appeal; 3) defendant's plea colloquy confirming his knowing possession of child pornography was relevant and its admission was not unduly prejudicial; and 4) defendant did not establish why a lower sentence was justifiable or why it matters in light of a concurrently running longer sentence. Read more...