United States v. Brown

The Ninth Circuit reversed defendant's conviction for conspiracy to make, print, or publish "any notice or advertisement seeking or offering" child pornography. Defendant's conviction stemmed from his membership in an online bulletin board where members shared child pornography. In this case, the district court effectively ruled that, as a matter of law, the closed nature of the bulletin board was irrelevant to the question of whether an "advertisement" or a "notice" had been shown, and thus could not properly be considered by the jury. The panel held that the district court violated defendant's fundamental right to assistance of counsel and right to present a defense, and it relieved the prosecution of its burden to prove its case beyond a reasonable doubt. Because defendant's Sixth Amendment right to present his defense was violated, the court remanded for a new trial. View "United States v. Brown" on Justia Law