Sex Offenses

United States v. John Hall (11th Cir. July 2020)

The Eleventh Circuit affirmed the defendant's 480-month sentence for receipt of child pornography, holding that the sentencing court properly considered hearsay statements found in case files from a prior sex offense case involving the defendant, including depositions of the victims, since the statements were supported by sufficient indicia of reliability. The Court also held the district court was not required to provide notice prior to varying upwards from the Guidelines since notice is only required prior to upward departures and the court was explicitly varying upwards and relying on the 3553 factors in doing so.

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United States v. Steven Deason (11th Cir. July 2020)

The Eleventh Circuit upheld a conviction for attempted online enticement of a minor and attempted transfer of obscene matter to a minor, holding that officers did not err in failing to advise the defendant of his Miranda rights where he was informed that he was not under arrest and could ask the officers to leave and because he his statements were voluntary. The Court also held that testimony describing an allegedly obscene video and corresponding screenshots are a sufficient substitute to introducing the videos in their entirety.

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United States v. Matthew Caniff (11th Cir. 2020)

The Eleventh Circuit sua sponte vacated its prior panel opinion where it had previously held that the defendant's text messages requesting sexually explicit pictures from an undercover officer posing as a minor constituted "making a notice" seeking child pornography under 18 U.S.C. § 2251(d)(1). The Court's new opinion held that "making a notice" is ambiguous and, applying the rule of lenity, sending private, person-to-person text messages asking a minor for sexually explicit pictures does not constitute "making a notice" to receive child pornography.

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