United States v. Daniel Ogden
685 F.3d 600
| 6th Cir. | 2012Background
- Ogden was convicted on multiple charges related to sexual conduct with an underage girl, including production of child porn and receipt/possession of images.
- Prior to trial, the government disclosed 400 online chat logs from the victim’s computer; defense sought time to review, which was denied.
- Defense moved to admit chat logs at trial to show victim’s images may have been produced for others, but the district court excluded them.
- The jury convicted on all counts; district court sentenced Ogden to 204 months and ordered restitution of $64,735.
- On appeal, Ogden argues (among other things) that the chat logs were exculpatory Brady material and that the evidence was insufficient on multiple counts.
- The court affirms the convictions and addresses each challenged evidentiary and sufficiency issue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether possession is a lesser-included offense of receipt | Ogden | Ogden | Not a lesser-included offense; different media (hard drive vs computer) |
| Sufficiency of evidence for receipt of child pornography | Ogden | Government failed to prove knowledge at moment of receipt | Sufficient: knowledge shown by practical certainty of receiving images |
| Sufficiency of evidence for enticement under §2251(a) | Ogden | Insufficient proof images were produced due to his coercion | Sufficient: victim masturbated on webcam at Ogden's request; images found on his drive |
| Admissibility of victim-chat logs and Brady violation claim | Ogden | Late disclosure violated Brady and required continuance | Chat logs not admissible under Rule 412; Brady not triggered; no due process violation or need for continuance |
| Chat logs at restitution hearing | Ogden | Exclusion affected sentencing | No evidentiary rule application in sentencing; argument meritless |
Key Cases Cited
- United States v. Schwarte, 645 F.3d 1022 (8th Cir. 2011) (knowledge as practical certainty of receipt under §2252(a)(2))
- United States v. Bailey, 444 U.S. 394 (1980) (concept of knowledge for receipt)
- United States v. Schales, 546 F.3d 965 (9th Cir. 2008) (possession not always lesser-included of receipt under §2252(a)(2))
- United States v. Dudeck, 657 F.3d 424 (6th Cir. 2011) (possession vs receipt conduct distinction)
- United States v. Papakee, 573 F.3d 569 (8th Cir. 2009) (Rule 412 applicability to sexual-behavior evidence)
- United States v. Garner, 507 F.3d 399 (6th Cir. 2007) (continuance and Brady considerations with late disclosures)
- Holmes v. South Carolina, 547 U.S. 319 (2006) (due process considerations in evidence exclusion)
- Clardy v. McKune, 89 F. App’x 665 (10th Cir. 2004) (rape-shield/privacy interests for sexual-abuse victims)
- United States v. Phillip, 948 F.2d 241 (6th Cir. 1991) (Brady applicability to admissible evidence)