Wednesday, December 11, 2013

United States v. Roybal, No. 12-30350 (12-10-13)(Mahan, D.J., with M. Smith and Hurwitz).

The 9th affirms a sentence in this child porn sentence, but vacates the SR condition for a plethysmograph testing for lack of findings. The affirming of the sentence concerned whether the +6 enhancement for distribution of the child porn was warranted. The defendant showed the 11 year old victim the photos, and then also allowed the victim to print and make a copy of the photos. The 9th avoided ruling on whether just showing is a distribution, because the other factors, such as printing and copying, even if on the same computer as saved, supported the adding of a +6 enhancement.

Also notable is a dissental in United States v. Olsen filed by Chief Judge Kozinski and joined by Judges Pregerson, Reinhardt, Thomas, and Watford. The opening paragraph is: "There is an epidemic of Brady violations abroad in the land. Only judges can put a stop to it."


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