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732 KB
Extraction Summary
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People
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Organizations
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Locations
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Events
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Relationships
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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).
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| Graves, J. | Judge |
Cited as the judge in the U.S. v. Diehl case.
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| Coutentos | Defendant |
Defendant in the case U.S. v. Coutentos, who was found guilty of producing and possessing child pornography involving...
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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.
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| 8th Cir. | court |
Referenced in the citation for U.S. v. Coutentos, indicating the U.S. Court of Appeals for the Eighth Circuit.
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| Eighth Circuit | court |
Mentioned as the court that vacated the possession conviction in the Coutentos case.
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Timeline (2 events)
Relationships (1)
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.)
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Quote #1
Full Extracted Text
Complete text extracted from the document (1,764 characters)
Case 22-1426, Document 59, 02/28/2023, 3475902, Page66 of 113
U.S. v. Diehl, 775 F.3d 714 (5th Cir. 2015) (Graves, J.); U.S. v. Coutentos, 651 F.3d 809 (8th Cir. 2011). In Coutentos, a jury found the defendant guilty on two counts: sexual exploitation or attempted sexual exploitation of a minor to produce child pornography (18 U.S.C. § 2251(a) and (d)) and possession or attempted possession of child pornography (18 U.S.C. § 2252A(a)(5)(B) and (b)(2)). Both counts were untimely unless § 3283 applied. As the Court's recitation of the facts made clear, the production and possession counts were based on the same underlying conduct: the defendant's abuse of his granddaughters to create child pornography. See Coutentos, 651 F.3d at 813-14. Thus, in a factual sense, the defendant's possession clearly involved the sexual abuse of a child. Nevertheless, the Eighth Circuit, while affirming the production conviction, vacated the possession conviction on the ground that it was not an “offense involving the sexual...abuse of a child” within the precise meaning of § 3283. The Court considered the possession statute in the abstract, asked whether it necessarily required proof of involvement in the sexual abuse of a child, and concluded that it does not:
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.,
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DOJ-OGR-00021113
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