United States v. Charriez-Rolon

The First Circuit affirmed Defendant's conviction of possessing child pornography and transporting a minor with the intent to engage in criminal sexual activity, holding that there was sufficient evidence to support the conviction of possessing child pornography and that Defendant waived his argument that the prosecutor committed misconduct during closing argument.On appeal, Defendant argued that that the government did not adequately prove that he possessed images of minors and that the photos could be not considered child pornography because the the government failed to show they were "lascivious." The First Circuit disagreed, holding (1) with the evidence presented, a rational jury could find, beyond a reasonable doubt, that the images admitted into evidence contained minors, and a jury reasonably could deem the photos were "lascivious"; and (2) Defendant waived his argument that the prosecutor's comments during summation were so improper and prejudicial as to require a new trial. View "United States v. Charriez-Rolon" on Justia Law