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Spotlight on Training Folders. View here Is it unlawful to have child pornography on your computer? No, it isn't. In federal cases, such as the Scott J.

Wells matter in Missouri , the government must prove the accused "knowingly" received, possessed, or distributed images that match the legal description of child pornography.

In fact, the complaint against Wells is so weak on this point that probable cause for his arrest, two-year detention, and a search of his home probably does not exist.

Magistrate David P. Rush allowed the government to essentially, bully, intimidate, and kidnap Wells, which becomes less surprising when you learn of Rush's pro-prosecution background.

More on that in an upcoming post. All of this makes court-appointed lawyer Shane Cantin's claims that he could think of no defenses for Wells pure horse excrement.

In fact, it suggests Cantin's letter encouraging Wells to plead guilty because he had no hope of an acquittal should be sent to the Missouri bar for review.

It also suggests federal authorities should investigate the circumstances around the letter for signs of possible conspiracy and obstruction of justice, which could send one or more individuals to prison.

In United States v. Government testimony suggested that Riccardi had created the directory in which the images were saved and that Riccardi would have had to direct the images to that directory.

Let's take a closer look at U. Stulock, F. Here are the central facts of the case: In , federal and state law enforcement officers raided a company engaged in distributing child pornography on the internet.

Using a list of customer names and email addresses recovered from that company, the agents emailed offers to sell pornographic materials to Stulock and many other individuals included in the list.

Stulock responded to the offer with a request for a list of materials containing "mostly girls, age , hardcore.

During the search of Stulock's home, the agents found the tape hidden in a bedroom closet and seized a personal computer.

Examination of Stulock's computer revealed evidence of his involvement with child pornography. Stulock responded to the offer with a request for a list of materials containing "mostly girls, age , hardcore.

During the search of Stulock's home, the agents found the tape hidden in a bedroom closet and seized a personal computer. Examination of Stulock's computer revealed evidence of his involvement with child pornography.

Numerous images of children younger than 18 engaged in sexual acts were recovered from several locations on the computer. In addition, the web browser history indicated that Stulock had visited several web sites having names associated with child pornography, including www.

The agent who examined the computer explained to the district court that when a computer file is deleted, the contents of the file are not irretrievably lost.

The space occupied by the file is flagged as available, and until new data is stored in that location the deleted file can be recovered using an undelete tool.

In addition to the contents of the file, information about when the file was created, last modified, and last accessed can be recovered.

Thousands of previously deleted files were recovered from the temp directory on Stulock's primary hard disk and from a secondary hard disk designated by the computer as the F drive.

The temp directory is where a program such as an image viewer or a word processor will store a duplicate of a file that is opened for use. Any changes are made to the copy and only applied to the original when the user saves the file.

The copy in the temp directory is deleted when the user closes the file. More than 3, deleted files were recovered from the temp directory, including numerous examples of child pornography.

Stulock's computer was configured to use the temp directory as the location where downloaded files that had been packaged in the ZIP file format would be stored.

A ZIP file can contain hundreds of images or other files, thus allowing a user to download many files without having to save each one individually.

Thus, the presence of an image in the temp directory indicated that Stulock had either purposely downloaded the image in a ZIP file or had opened an image stored elsewhere on the disk using a viewer that created a temporary copy.

Among the 1, deleted files recovered from the F drive were three identified as portraying a minor female in bondage.

Three images were located in the internet browser cache. The browser cache contains images automatically stored by the computer when a web site is visited so that upon future visits the images need not be downloaded again, thereby improving the response time.

Unlike the other files recovered, the images in the browser cache had not been deleted and then recovered.

Stulock was charged with knowingly receiving child pornography in violation of 18 U. After a bench trial, Stulock was convicted of knowingly receiving the child pornography videotape, but he was acquitted on the charge of knowingly possessing child pornography.

The possession charge specified only the images found in the browser cache. The district court explained that one cannot be guilty of possession for simply having viewed an image on a web site, thereby causing the image to be automatically stored in the browser's cache, without having purposely saved or downloaded the image.

In sentencing guidelines cases, we review the district court's findings of fact for clear error and its interpretation of the guidelines and their application to the facts de novo.

United States v. Hunt, F. The district court applied three sentencing enhancements resulting in a combined increase of 8 levels.

Stulock appeals the application of each of these enhancements. First, Stulock argues that the enhancement for use of a computer in connection with the transmission or advertisement of child pornography was improper because his use of a computer was peripheral to his receipt of a video in the mail.

Richardson persuasive. The Richardson court noted that the guidelines provide increased punishment for use of the internet in the child pornography trade because the increased efficiency and anonymity make both senders and receivers of this material more dangerous.

Section 2G2. An undercover officer used a computer to transmit an advertisement of the material to Stulock.

Lesbi sex, MO, for Stoya blowjob. The website contained links less than the average. An undercover officer used a computer to transmit an advertisement of the material to Stulock. Our system has never spotted littlepussy. Get 2 points on providing a valid reason for the above change. This reduced listing fee Flat chest sex doll be reflected in the February invoices when listings entered in January are billed. List of Cockhold wives IP address and hostname momboysex. Wells and similar cases: The possession charge specified only the images found in Blowjobsluts browser cache. Www little pussy com

The temp directory is where a program such as an image viewer or a word processor will store a duplicate of a file that is opened for use.

Any changes are made to the copy and only applied to the original when the user saves the file. The copy in the temp directory is deleted when the user closes the file.

More than 3, deleted files were recovered from the temp directory, including numerous examples of child pornography. Stulock's computer was configured to use the temp directory as the location where downloaded files that had been packaged in the ZIP file format would be stored.

A ZIP file can contain hundreds of images or other files, thus allowing a user to download many files without having to save each one individually.

Thus, the presence of an image in the temp directory indicated that Stulock had either purposely downloaded the image in a ZIP file or had opened an image stored elsewhere on the disk using a viewer that created a temporary copy.

Among the deleted files recovered from the F drive were three identified as portraying a minor female in bondage.

Three images were located in the internet browser cache. The browser cache contains images automatically stored by the computer when a web site is visited so that upon future visits the images need not be downloaded again, thereby improving the response time.

Unlike the other files recovered, the images in the browser cache had not been deleted and then recovered. Stulock was charged with knowingly receiving child pornography in violation of 18 U.

After a bench trial, Stulock was convicted of knowingly receiving the child pornography videotape, but he was acquitted on the charge of knowingly possessing child pornography.

Stulock involved substantial evidence of the accused "knowingly" receiving child pornography, and the circuit court upheld his conviction on that count.

The district court had acquitted Stulock on the possession charge, finding that he did not act knowingly.

The circuit court agreed, and its reasoning is instructive for U. Wells and similar cases: The possession charge specified only the images found in the browser cache.

The district court explained that one cannot be guilty of possession for simply having viewed an image on a web site, thereby causing the image to be automatically stored in the browser's cache, without having purposely saved or downloaded the image.

The circuit court upheld the trial court's judgment -- finding Stulock guilty on the receiving count and not guilty on the possession charge.

What were the two grounds for acquittal on the possession charge? Our system has never spotted littlepussy. This fact suggests this domain potentially has low traffic from USA and Canada.

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The load time was 1. Titlbach, F. After a review of the evidence, the district court must make an "independent finding, by a preponderance of the evidence, of perjury.

Thomas, 93 F. The district court found that Stulock perjured himself when he testified under oath that although he had ordered child pornography, specifically asking for girls aged 7 to 14, he did not believe that he would receive child pornography.

Stulock testified that in his experience searching the internet for pornography, his use of terms describing minor females often returned the material he sought, material involving younger adult women and somewhat older men.

Characterizing Stulock's answers as "clearly phony," the district court stated specifically: "I believe the defendant was committing perjury.

Finally, the district court applied a four-level relevant conduct enhancement pursuant to U. Among the thousands of images of child pornography recovered from Stulock's computer, three of the files recovered portrayed a minor female in bondage held against a nude male who was holding a whip.

He contends that his possession of these images was not in the same course of conduct as his receipt of the video, the offense of which he was convicted.

The Seventh Circuit considered and rejected a similar challenge in United States v. Ellison, F. The agent who examined Stulock's computer testified that the files he recovered had modification dates between August and November Stulock received the initial email from the undercover agent in July and placed his order for the videotape on November 22, Stulock presented evidence regarding aggressive internet porn sites that use pop-ups and other techniques to place material on a computer without the user's knowledge or consent.

Although this could account for some of the material, viewing the evidence as a whole, we cannot say it was clear error to find that Stulock's possession of images containing violent child pornography was an act committed during his search for and receipt of the child pornography video that was the basis of the charged offense.

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