United States v. Lebowitz
676 F.3d 1000
| 11th Cir. | 2012Background
- Lebowitz was convicted in the Eleventh Circuit of producing child pornography under 18 U.S.C. § 2251(a) and attempting to entice a minor under § 2422(b) based on online communications with K.S., who was 15, via MySpace, including sending nude images.
- A mother reported the online interactions; investigators allowed continued online contact to determine Lebowitz’s intentions; K.S. and Lebowitz discussed meeting.
- A VHS recording captured Lebowitz engaging in sexual acts with teen males (A.G. and C.R.); C.R. was 15 and A.G. was 16 at various times; other electronic evidence linked Lebowitz to distribution of material.
- Lebowitz’s car search after arrest yielded condoms, lubricants, and other items; a home search yielded computers, VHS tapes, printouts, and various digital media, including the ‘XXX’ VHS tape; evidence tied Lebowitz to the offenses.
- Pretrial rulings denied suppression and authentication challenges; the government relied on printouts of chats as authentic, with expert testimony acknowledging potential alteration but no evidence of tampering; the district court admitted the printouts over Lebowitz’s objections.
- Lebowitz received concurrent 320-month sentences after trial; the district court considered his HIV status and mitigation but imposed a severe sentence within the Guidelines range.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Authentication of chat printouts | Lebowitz | Lebowitz | Printouts authenticated; admissible evidence |
| Search of Lebowitz’s car | Lebowitz | Lebowitz | Good-faith exception applied; suppression denied |
| Franks hearing for home warrant | Lebowitz | Lebowitz | No Franks hearing required; probable cause supported |
| Constitutionality of § 2251(a) vagueness | Lebowitz | Lebowitz | Statute provides fair warning; vagueness challenge fails |
| Sufficiency of evidence for counts 2 and 3 | United States | Lebowitz | Evidence sufficient to support both convictions |
Key Cases Cited
- Lanzon v. United States, 639 F.3d 1293 (11th Cir. 2011) (authenticity of evidence; Rule 901)
- United States v. Belfast, 611 F.3d 783 (11th Cir. 2010) (Rule 901 sufficiency; prima facie case; jury decides ultimate authenticity)
- United States v. Siddiqui, 235 F.3d 1318 (11th Cir. 2000) (clear standard for authenticity determinations)
- Owens v. Wainwright, 698 F.2d 1111 (11th Cir. 1983) (credibility determinations given deference on appeal)
- United States v. Kapordelis, 569 F.3d 1291 (11th Cir. 2009) (Franks-related probable cause standard)
- United States v. Novaton, 271 F.3d 968 (11th Cir. 2001) (omissions in affidavits and probable cause)
- United States v. Martin, 297 F.3d 1308 (11th Cir. 2002) (good-faith reliance on warrants)
- United States v. Williams, — (—) (not cited with full citation in text)