United States v. Figueroa-Lugo
2013 U.S. Dist. LEXIS 1674
| D.P.R. | 2013Background
- Indictment (Mar 17, 2011) charged Figueroa with knowingly possessing child pornography under 18 U.S.C. § 2252(a)(4)(B) and a forfeiture allegation.
- Trial began Jul 2–10, 2012; defense moved for acquittal under Rule 29; motions reserved and renewed.
- Special Agent Julsrud and MSPCCU collaborated via databases to identify IPs linked to Puerto Rico child-pornography sharing.
- May 12, 2010 search of Figueroa’s home yielded ~26 media devices; LimeWire installed on his desktop.
- Forensic examiner found 18 still images and 7 videos containing minors in folders tied to LimeWire; some files were accessed.
- Court applies standard for Rule 29 sufficiency review: view evidence in light most favorable to the prosecution; juror could reasonably find guilt beyond a reasonable doubt.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Knowingly possessing child pornography S 2252(a)(4)(B) | Figueroa argues lack of knowledge; others could have accessed the computer | Insufficient evidence of his knowledge or sole control | Denied; sufficient circumstantial evidence showed knowledge and possession |
| Depictions of real children | Images depict real minors; evidence insufficient? | Some images may not show real children; expert needed? | Denied; images/photos held real minors per Wilder/ Rodriguez-Pacheco reasoning |
Key Cases Cited
- United States v. Pires, 642 F.3d 1 (1st Cir. 2011) (knowledge can be proven by circumstantial evidence; need not know at download)
- United States v. Wilder, 526 F.3d 1 (1st Cir. 2008) (jury can distinguish real vs. virtual depictions)
- United States v. Rodriguez-Velez, 597 F.3d 32 (1st Cir. 2010) (standard for sufficiency; rational jury could find real minors)
- United States v. Salva-Morales, 660 F.3d 72 (1st Cir. 2011) (credibility and inferences favor government in sufficiency review)