United States v. McNealy
2010 U.S. App. LEXIS 23111
| 5th Cir. | 2010Background
- McNealy convicted in the Fifth Circuit for possession and receipt of child pornography under 18 U.S.C. § 2252(a)(2),(a)(4)(B).
- Investigation linked McNealy to memberships on commercial child-pornography sites; he consented to a search of his computer.
- Forensic copies were made of three hard drives; the original drives were later destroyed.
- Over 9,000 images of minors were found on the drives, downloaded from various sources.
- Government used printouts from forensic copies at trial; McNealy challenges admissibility and related issues.
- District court granted continuances at McNealy and Government requests; trial proceeded with evidence from the images and copies.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Speedy Trial Act continuances validity | McNealy argues missing contemporaneous findings | McNealy claims delays not properly excludable | Continual findings satisfied; delays excludable under act |
| Authentication of images under Rule 901 | Images not proven to depict real minors | Government must show authenticity; images sufficient | Court properly authenticated images; no plain error under Rule 1002 |
| Destruction of McNealy's computer and due process | Destruction violated due process; evidence lost | Destruction not in bad faith; forensic copies preserved | Destruction not in bad faith; due process not violated |
| Pretrial motion to dismiss for fair trial violation | Defense prevented from preparing due to restrictions on exculpatory materials | Defense had access to Government exhibits; immunity options available | Court did not err in denying dismissal; defendant had adequate access |
| Sufficiency of evidence of knowledge that images depicted actual minors | Evidence shows download history and methods implying knowledge | Could be unaware images were real; lack of knowledge | Sufficient evidence; rational jury could find beyond reasonable doubt |
Key Cases Cited
- United States v. Slanina, 359 F.3d 356 (5th Cir. 2004) (no expert testimony required to authenticate real-vs-virtual images; images themselves suffice)
- Ashcroft v. Free Speech Coal., Inc., 535 U.S. 234 (Supreme Court 2002) (virtual child pornography not per se illegal; but case context discussed for authentication)
- Zedner v. United States, 547 U.S. 489 (Supreme Court 2006) (requires explicit record findings supporting ends-of-justice continuances)