United States Co
urt of Appeals for the Second Circuit
Minor as passive recipient
Judges Calabresi, Park, and Nardini
Background: The defendant was convicted of using a minor to engage in sexually explicit conduct for the purpose of producing a visual depiction of that conduct. He was also convicted of distributing child pornography. He was sentenced to 70 years in prison.
Ruling: The Second Circuit affirmed. The court held that because the defendant took actions to depict the minor as the passive recipient of his sexual actions, there was sufficient evidence for a jury to conclude that he used the minor to engage in sexually explicit conduct. The court also found that the evidence supported the sentencing enhancement and that the sentence was not shockingly high in light of the defendant’s conduct.
Carina H. Schoenberger, assistant United States attorney, for the appellee; Richard D. Willstatter, of Green & Willstatter, for the defendant-appellant.