Legal Document - DOJ-OGR-00021113 | Trove Document Archive

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Extraction Summary

3

People

3

Organizations

0

Locations

2

Events

1

Relationships

1

Quotes

Document Information

Type: Legal document

File Size: 732 KB

Summary

This legal document, a page from a court filing, discusses the legal distinction between the crimes of producing and possessing child pornography. It analyzes the case of U.S. v. Coutentos, where the Eighth Circuit Court of Appeals vacated a possession conviction, even though it stemmed from the defendant's own production involving the abuse of his granddaughters. The court reasoned that the offense of possession, when considered abstractly, does not inherently involve the sexual abuse of a child within the specific meaning of statute § 3283.

People (3)

Name	Role	Context
Diehl	Defendant	Mentioned in the case citation U.S. v. Diehl, 775 F.3d 714 (5th Cir. 2015).
Graves, J.	Judge	Cited as the judge in the U.S. v. Diehl case.
Coutentos	Defendant	Defendant in the case U.S. v. Coutentos, who was found guilty of producing and possessing child pornography involving...

Organizations (3)

Name	Type	Context
5th Cir.	court	Referenced in the citation for U.S. v. Diehl, indicating the U.S. Court of Appeals for the Fifth Circuit.
8th Cir.	court	Referenced in the citation for U.S. v. Coutentos, indicating the U.S. Court of Appeals for the Eighth Circuit.
Eighth Circuit	court	Mentioned as the court that vacated the possession conviction in the Coutentos case.

Timeline (2 events)

2011

A jury found the defendant Coutentos guilty on two counts: sexual exploitation to produce child pornography and possession of child pornography.

8th Cir.

Coutentos

View

2011

The Eighth Circuit vacated the possession conviction of Coutentos, ruling that possession of child pornography was not an 'offense involving the sexual...abuse of a child' under the specific meaning of § 3283.

8th Cir.

Coutentos

View

Relationships (1)

Coutentos → familial / perpetrator-victim → his granddaughters

The document states the case was based on 'the defendant's abuse of his granddaughters to create child pornography.'

Key Quotes (1)

"Does someone who merely possesses child pornography sexually abuse the child portrayed in the images? No more than the offense of possessing methamphetamine involves the act of producing it, does the offense of child pornography involve the sexual abuse of a child. That a producer of child pornography will possess it at the time of the abuse is insufficient to change our view that the offense of possessing child pornography itself does not involve an act against a child, i.e.,"

Source

— The Court (Eighth Circuit) (The court's reasoning for concluding that the crime of possession of child pornography does not, in the abstract, constitute an 'offense involving the sexual...abuse of a child' for the purposes of statute § 3283.)

DOJ-OGR-00021113.jpg

Quote #1