Notes of Decisions
Cited in
3,521
cases (
710 in the last 5 years), 1998–2026 · leading case:
United States v. Davenport, 519 F.3d 940 (9th Cir. 2008).
United States v. Davenport, 519 F.3d 940 (9th Cir. 2008).
· cites it 60× “Legislative History of 18 U.S.C. § 2252A In 1996, Congress enacted 18 U.”
United States v. McGarity, 669 F.3d 1218 (11th Cir. 2012).
· cites it 34× “§ 2251 (d)(1) and (2); and knowingly transporting and shipping child pornography, in violation of 18 U.S.C. § 2252A(a)(1). Lastly, to compensate for harm to one victim depicted in the child pornography found in the defendants' possession, the sentencing judge ordered restitution…”
United States v. Martinelli, 62 M.J. 52 (C.A.A.F. 2005).
· cites it 30× “The military judge explained to Martinelli that clause 3 of Article 134 prohibits the commission of crimes and offenses not capital and that he had been charged with violation of 18 U.S.C. § 2252A. The military judge went on to explain the elements of knowingly and wrongfully…”
United States v. Miller, 527 F.3d 54 (3rd Cir. 2008).
· cites it 22× “§ 2252 and the comparable provisions of 18 U.S.C. § 2252A often converges. Section 2252(a)(2) prohibits the receipt of material "transported [in interstate or foreign commerce] by any means including by computer" that depicts "a minor engaging in sexually explicit conduct," and…”
United States v. Bennett, 823 F.3d 1316 (10th Cir. 2016).
· cites it 23× “Bennett pleaded guilty to knowingly possessing child pornography under 18 U.S.C. § 2252A(a)(5)(B). 1 This was not Bennett’s first conviction for sex-related conduct involving children.”
United States v. Williams, 553 U.S. 285 (2008).
· cites it 10× “Section 503 of the Act amended 18 U.S.C. § 2252A to add a new pandering and solicitation provision, relevant portions of which now read as follows: "(a) Any person who "(3) knowingly .”
United States v. Finch, 73 M.J. 144 (C.A.A.F. 2014).
· cites it 29× “Accordingly, we hold that the CCA did not err in holding that the maximum possible sentence was based on the analogous portions of 18 U.S.C. § 2252A, which address essentially the same offenses as charged in Finch’s case, and affirm that portion of the CCA’s decision.”
United States v. James E. MacEwan, 445 F.3d 237 (3rd Cir. 2006).
· cites it 17× “The indictment charged him with three counts of receiving materials containing child pornography in violation of 18 U.S.C. § 2252A(a)(2')(B). MacEwan was first discovered to have violated the conditions of his probation on July 16, 2003, when his probation officer made an…”
United States v. Richards, 659 F.3d 527 (6th Cir. 2011).
· cites it 16× “2007) ("[W]here a defendant has images stored in separate materials (as defined in 18 U.S.C. § 2252A), such as a computer, a book, and a magazine, the Government may charge multiple counts, each for the type of material or media possessed, as long as the prohibited images were…”
United States v. Beardsley, 691 F.3d 252 (2d Cir. 2012).
· cites it 19× “One of the sentence-enhancement provisions of 18 U.S.C. § 2252A, in turn, provides that a person convicted under the statute of certain federal child pornography offenses “shall be fined under this title *258 and imprisoned not less than 5 years and not more than 20 years, but,…”
United States v. Hubbard, 480 F.3d 341 (5th Cir. 2007).
· cites it 19× “Subsequently, Hubbard was convicted on an unrelated federal charge of distributing child pornography in violation of 18 U.S.C. § 2252A(a)(2) and sentenced to 97 months in prison.”
— 18 U.S.C. § 2252A(1) — 5 cases
— 18 U.S.C. § 2252A(1)(2) — 1 case
— 18 U.S.C. § 2252A(1)(5)(B) — 2 cases
— 18 U.S.C. § 2252A(1)(a)(5)(B) — 1 case
— 18 U.S.C. § 2252A(2) — 4 cases
— 18 U.S.C. § 2252A(2)(5) — 1 case
— 18 U.S.C. § 2252A(2)(A) — 1 case
— 18 U.S.C. § 2252A(3)(A) — 1 case
— 18 U.S.C. § 2252A(3)(B) — 4 cases
United States v. Williams, 553 U.S. 285 (2008).
“Section 503 of the Act amended 18 U.S.C. § 2252A to add a new pandering and solicitation provision, relevant portions of which now read as follows: "(a) Any person who "(3) knowingly .”
— 18 U.S.C. § 2252A(5)(A) — 1 case
— 18 U.S.C. § 2252A(5)(B) — 13 cases
— 18 U.S.C. § 2252A(A)(2)(A) — 1 case
— 18 U.S.C. § 2252A(A)(5)(B) — 1 case
— 18 U.S.C. § 2252A(a) — 64 cases
United States v. James E. MacEwan, 445 F.3d 237 (3rd Cir. 2006).
“The indictment charged him with three counts of receiving materials containing child pornography in violation of 18 U.S.C. § 2252A(a)(2')(B). MacEwan was first discovered to have violated the conditions of his probation on July 16, 2003, when his probation officer made an…”
— 18 U.S.C. § 2252A(a)(1) — 254 cases
United States v. McGarity, 669 F.3d 1218 (11th Cir. 2012).
“§ 2251 (d)(1) and (2); and knowingly transporting and shipping child pornography, in violation of 18 U.S.C. § 2252A(a)(1). Lastly, to compensate for harm to one victim depicted in the child pornography found in the defendants' possession, the sentencing judge ordered restitution…”
United States v. Martinelli, 62 M.J. 52 (C.A.A.F. 2005).
“The military judge explained to Martinelli that clause 3 of Article 134 prohibits the commission of crimes and offenses not capital and that he had been charged with violation of 18 U.S.C. § 2252A. The military judge went on to explain the elements of knowingly and wrongfully…”
United States v. Richards, 659 F.3d 527 (6th Cir. 2011).
“2007) ("[W]here a defendant has images stored in separate materials (as defined in 18 U.S.C. § 2252A), such as a computer, a book, and a magazine, the Government may charge multiple counts, each for the type of material or media possessed, as long as the prohibited images were…”
— 18 U.S.C. § 2252A(a)(2) — 640 cases
United States v. Davenport, 519 F.3d 940 (9th Cir. 2008).
“Legislative History of 18 U.S.C. § 2252A In 1996, Congress enacted 18 U.”
United States v. Miller, 527 F.3d 54 (3rd Cir. 2008).
“§ 2252 and the comparable provisions of 18 U.S.C. § 2252A often converges. Section 2252(a)(2) prohibits the receipt of material "transported [in interstate or foreign commerce] by any means including by computer" that depicts "a minor engaging in sexually explicit conduct," and…”
United States v. Finch, 73 M.J. 144 (C.A.A.F. 2014).
“Accordingly, we hold that the CCA did not err in holding that the maximum possible sentence was based on the analogous portions of 18 U.S.C. § 2252A, which address essentially the same offenses as charged in Finch’s case, and affirm that portion of the CCA’s decision.”
— 18 U.S.C. § 2252A(a)(2)(A) — 611 cases
— 18 U.S.C. § 2252A(a)(2)(B) — 144 cases
United States v. James E. MacEwan, 445 F.3d 237 (3rd Cir. 2006).
“The indictment charged him with three counts of receiving materials containing child pornography in violation of 18 U.S.C. § 2252A(a)(2')(B). MacEwan was first discovered to have violated the conditions of his probation on July 16, 2003, when his probation officer made an…”
— 18 U.S.C. § 2252A(a)(2)(a) — 4 cases
— 18 U.S.C. § 2252A(a)(2)(b) — 1 case
— 18 U.S.C. § 2252A(a)(3) — 9 cases
— 18 U.S.C. § 2252A(a)(3)(A) — 3 cases
United States v. Martinelli, 62 M.J. 52 (C.A.A.F. 2005).
“The military judge explained to Martinelli that clause 3 of Article 134 prohibits the commission of crimes and offenses not capital and that he had been charged with violation of 18 U.S.C. § 2252A. The military judge went on to explain the elements of knowingly and wrongfully…”
— 18 U.S.C. § 2252A(a)(3)(B) — 44 cases
United States v. Williams, 553 U.S. 285 (2008).
“Section 503 of the Act amended 18 U.S.C. § 2252A to add a new pandering and solicitation provision, relevant portions of which now read as follows: "(a) Any person who "(3) knowingly .”
United States v. Finch, 73 M.J. 144 (C.A.A.F. 2014).
“Accordingly, we hold that the CCA did not err in holding that the maximum possible sentence was based on the analogous portions of 18 U.S.C. § 2252A, which address essentially the same offenses as charged in Finch’s case, and affirm that portion of the CCA’s decision.”
— 18 U.S.C. § 2252A(a)(3)(B)(i) — 2 cases
— 18 U.S.C. § 2252A(a)(3)(B)(ii) — 8 cases
— 18 U.S.C. § 2252A(a)(3)(b) — 2 cases
— 18 U.S.C. § 2252A(a)(4) — 2 cases
— 18 U.S.C. § 2252A(a)(4)(A) — 1 case
United States v. Martinelli, 62 M.J. 52 (C.A.A.F. 2005).
“The military judge explained to Martinelli that clause 3 of Article 134 prohibits the commission of crimes and offenses not capital and that he had been charged with violation of 18 U.S.C. § 2252A. The military judge went on to explain the elements of knowingly and wrongfully…”
— 18 U.S.C. § 2252A(a)(4)(B) — 22 cases
United States v. James E. MacEwan, 445 F.3d 237 (3rd Cir. 2006).
“The indictment charged him with three counts of receiving materials containing child pornography in violation of 18 U.S.C. § 2252A(a)(2')(B). MacEwan was first discovered to have violated the conditions of his probation on July 16, 2003, when his probation officer made an…”
— 18 U.S.C. § 2252A(a)(4)(b) — 1 case
— 18 U.S.C. § 2252A(a)(5) — 104 cases
United States v. Davenport, 519 F.3d 940 (9th Cir. 2008).
“Legislative History of 18 U.S.C. § 2252A In 1996, Congress enacted 18 U.”
United States v. Finch, 73 M.J. 144 (C.A.A.F. 2014).
“Accordingly, we hold that the CCA did not err in holding that the maximum possible sentence was based on the analogous portions of 18 U.S.C. § 2252A, which address essentially the same offenses as charged in Finch’s case, and affirm that portion of the CCA’s decision.”
— 18 U.S.C. § 2252A(a)(5)(2000) — 1 case
— 18 U.S.C. § 2252A(a)(5)(A) — 37 cases
United States v. Martinelli, 62 M.J. 52 (C.A.A.F. 2005).
“The military judge explained to Martinelli that clause 3 of Article 134 prohibits the commission of crimes and offenses not capital and that he had been charged with violation of 18 U.S.C. § 2252A. The military judge went on to explain the elements of knowingly and wrongfully…”
— 18 U.S.C. § 2252A(a)(5)(B) — 1812 cases
United States v. Davenport, 519 F.3d 940 (9th Cir. 2008).
“Legislative History of 18 U.S.C. § 2252A In 1996, Congress enacted 18 U.”
United States v. Miller, 527 F.3d 54 (3rd Cir. 2008).
“§ 2252 and the comparable provisions of 18 U.S.C. § 2252A often converges. Section 2252(a)(2) prohibits the receipt of material "transported [in interstate or foreign commerce] by any means including by computer" that depicts "a minor engaging in sexually explicit conduct," and…”
— 18 U.S.C. § 2252A(a)(5)(B)(1997) — 1 case
— 18 U.S.C. § 2252A(a)(5)(B)(b) — 1 case
— 18 U.S.C. § 2252A(a)(5)(a) — 3 cases
— 18 U.S.C. § 2252A(a)(5)(b) — 34 cases
— 18 U.S.C. § 2252A(a)(6) — 1 case
— 18 U.S.C. § 2252A(a)(6)(B) — 1 case
— 18 U.S.C. § 2252A(a)(7) — 2 cases
— 18 U.S.C. § 2252A(a)(S)(B) — 2 cases
— 18 U.S.C. § 2252A(a)(Z) — 1 case
— 18 U.S.C. § 2252A(a)(b)(B) — 1 case
— 18 U.S.C. § 2252A(a)(l) — 224 cases
United States v. Martinelli, 62 M.J. 52 (C.A.A.F. 2005).
“The military judge explained to Martinelli that clause 3 of Article 134 prohibits the commission of crimes and offenses not capital and that he had been charged with violation of 18 U.S.C. § 2252A. The military judge went on to explain the elements of knowingly and wrongfully…”
United States v. Richards, 659 F.3d 527 (6th Cir. 2011).
“2007) ("[W]here a defendant has images stored in separate materials (as defined in 18 U.S.C. § 2252A), such as a computer, a book, and a magazine, the Government may charge multiple counts, each for the type of material or media possessed, as long as the prohibited images were…”
— 18 U.S.C. § 2252A(a)(l)(A) — 2 cases
— 18 U.S.C. § 2252A(a)(l)(b) — 1 case
— 18 U.S.C. § 2252A(a)(o)(B) — 1 case
— 18 U.S.C. § 2252A(b) — 41 cases
United States v. Miller, 527 F.3d 54 (3rd Cir. 2008).
“§ 2252 and the comparable provisions of 18 U.S.C. § 2252A often converges. Section 2252(a)(2) prohibits the receipt of material "transported [in interstate or foreign commerce] by any means including by computer" that depicts "a minor engaging in sexually explicit conduct," and…”
— 18 U.S.C. § 2252A(b)(1) — 100 cases
United States v. Williams, 553 U.S. 285 (2008).
“Section 503 of the Act amended 18 U.S.C. § 2252A to add a new pandering and solicitation provision, relevant portions of which now read as follows: "(a) Any person who "(3) knowingly .”
— 18 U.S.C. § 2252A(b)(2) — 157 cases
United States v. Bennett, 823 F.3d 1316 (10th Cir. 2016).
“Bennett pleaded guilty to knowingly possessing child pornography under 18 U.S.C. § 2252A(a)(5)(B). 1 This was not Bennett’s first conviction for sex-related conduct involving children.”
— 18 U.S.C. § 2252A(b)(2)(2007) — 1 case
— 18 U.S.C. § 2252A(b)(5) — 1 case
— 18 U.S.C. § 2252A(b)(i) — 1 case
— 18 U.S.C. § 2252A(b)(l) — 116 cases
United States v. Hubbard, 480 F.3d 341 (5th Cir. 2007).
“Subsequently, Hubbard was convicted on an unrelated federal charge of distributing child pornography in violation of 18 U.S.C. § 2252A(a)(2) and sentenced to 97 months in prison.”
United States v. Beardsley, 691 F.3d 252 (2d Cir. 2012).
“One of the sentence-enhancement provisions of 18 U.S.C. § 2252A, in turn, provides that a person convicted under the statute of certain federal child pornography offenses “shall be fined under this title *258 and imprisoned not less than 5 years and not more than 20 years, but,…”
United States v. James E. MacEwan, 445 F.3d 237 (3rd Cir. 2006).
“The indictment charged him with three counts of receiving materials containing child pornography in violation of 18 U.S.C. § 2252A(a)(2')(B). MacEwan was first discovered to have violated the conditions of his probation on July 16, 2003, when his probation officer made an…”
— 18 U.S.C. § 2252A(c) — 21 cases
United States v. Finch, 73 M.J. 144 (C.A.A.F. 2014).
“Accordingly, we hold that the CCA did not err in holding that the maximum possible sentence was based on the analogous portions of 18 U.S.C. § 2252A, which address essentially the same offenses as charged in Finch’s case, and affirm that portion of the CCA’s decision.”
— 18 U.S.C. § 2252A(c)(2) — 2 cases
— 18 U.S.C. § 2252A(c)(l) — 1 case
— 18 U.S.C. § 2252A(c)(l)(B) — 1 case
— 18 U.S.C. § 2252A(d) — 24 cases
United States v. Davenport, 519 F.3d 940 (9th Cir. 2008).
“Legislative History of 18 U.S.C. § 2252A In 1996, Congress enacted 18 U.”
United States v. Miller, 527 F.3d 54 (3rd Cir. 2008).
“§ 2252 and the comparable provisions of 18 U.S.C. § 2252A often converges. Section 2252(a)(2) prohibits the receipt of material "transported [in interstate or foreign commerce] by any means including by computer" that depicts "a minor engaging in sexually explicit conduct," and…”
— 18 U.S.C. § 2252A(e) — 2 cases
— 18 U.S.C. § 2252A(f) — 14 cases
— 18 U.S.C. § 2252A(f)(1) — 2 cases
— 18 U.S.C. § 2252A(f)(2)(B) — 1 case
— 18 U.S.C. § 2252A(f)(l) — 2 cases
— 18 U.S.C. § 2252A(g) — 38 cases
United States v. McGarity, 669 F.3d 1218 (11th Cir. 2012).
“§ 2251 (d)(1) and (2); and knowingly transporting and shipping child pornography, in violation of 18 U.S.C. § 2252A(a)(1). Lastly, to compensate for harm to one victim depicted in the child pornography found in the defendants' possession, the sentencing judge ordered restitution…”
— 18 U.S.C. § 2252A(g)(2) — 14 cases
United States v. McGarity, 669 F.3d 1218 (11th Cir. 2012).
“§ 2251 (d)(1) and (2); and knowingly transporting and shipping child pornography, in violation of 18 U.S.C. § 2252A(a)(1). Lastly, to compensate for harm to one victim depicted in the child pornography found in the defendants' possession, the sentencing judge ordered restitution…”
— 18 U.S.C. § 2252A(g)(l) — 1 case
— 18 U.S.C. § 2252A(l)(a) — 1 case
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