425 F. App'x 347
5th Cir.2011Background
- Moore was convicted of knowingly receiving and possessing child pornography transported in interstate commerce under 18 U.S.C. § 2252A(a)(2) and (a)(5)(B).
- Undercover Louisiana State Police linked a LimeWire account registered to Moore to downloaded/shared child pornography; a search warrant was executed at Moore’s home.
- Moore waived Miranda rights; he initially denied but eventually admitted downloading the images; twenty-five child pornography files were found on his computer, downloaded via LimeWire.
- The government sought to admit evidence that Moore molested his stepdaughter when she was twelve; the district court admitted this under Rules 414/403 with limiting instructions.
- Moore was convicted on two counts; the district court enhanced his criminal history based on a state theft conviction lacking sentencing information, and sentenced him to concurrent statutory maximums.
- On appeal, Moore challenged sufficiency of the evidence, several evidentiary rulings, and the sentencing calculation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdictional element proof for interstate commerce | Moore | Moore | Sufficient evidence; Internet transmission satisfies interstate transport. |
| Admission under Rule 414/403 of stepdaughter testimony | Moore | Moore | Abuse of discretion; testimony admissible and not unfairly prejudicial. |
| voluntariness of Moore's confession (Miranda) | Moore | Moore | Confession voluntary; district court not clearly erroneous in credibility finding. |
| Criminal history calculation and sentencing | Moore | Moore | Any procedural error harmless; sentence within statutory maximum despite contested data. |
Key Cases Cited
- United States v. Runyan, 290 F.3d 223 (5th Cir. 2002) (Internet use can satisfy interstate transport element; circumstantial links suffice)
- United States v. Schaefer, 501 F.3d 1197 (10th Cir. 2007) (Requires image-by-image movement proof; not adopted in this circuit)
- United States v. Hilton, 257 F.3d 50 (1st Cir. 2001) (Internet transmission can constitute transport in interstate commerce)
- United States v. Henriques, 234 F.3d 263 (5th Cir. 2000) (Grounds for linking images to internet evidence)
- United States v. Carroll, 105 F.3d 740 (1st Cir. 1997) (Internet transmission evidence supports interstate transport)
- United States v. Dillon, 532 F.3d 379 (5th Cir. 2008) (Balance of probative value vs. unfair prejudice in Rule 414/403)
- United States v. Caldwell, 586 F.3d 338 (5th Cir. 2009) (Evidence of prior offenses admissible to prove related element)