United States v. Rogers
2013 U.S. App. LEXIS 8725
| 1st Cir. | 2013Background
- Rogers was convicted of possessing child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B) based on materials found on a second laptop sold to Coastal Trading and Pawn.
- Passwords were given to store staff; a technician found child-pornography videos while attempting to restore the laptop to factory settings.
- Forensic analysis on the laptop revealed user accounts, a shared LimeWire folder with child-pornography videos, and web activity indicating deliberate visits to related sites.
- Desktop evidence at Rogers's home also showed child pornography in unallocated space, with additional user accounts and bookmarks tied to disallowed content.
- The government tied the materials to Rogers through account names, password usage, and links to Rogers via MySpace and related accounts; malware did not explain the findings.
- District court ordered Rogers to pay $3,150 restitution to a victim depicted in the material; the court and the First Circuit later affirmed both conviction and restitution.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for knowing possession | Government contends Rogers knowingly possessed the material. | Rogers contends lack of evidence of knowledge or possession by him. | Evidence supports knowing possession by Rogers. |
| Restitution causation and amount | Government argues proximate-causation and appropriate amount per § 2259. | Rogers argues for a stricter causation standard or different amount | Restitution affirmed under proximate-causation standard identical to Kearney. |
Key Cases Cited
- United States v. Green, 698 F.3d 48 (1st Cir. 2012) (sufficiency review standard)
- United States v. Tavares, 705 F.3d 4 (1st Cir. 2013) (sufficiency and inferences in favors of verdict)
- United States v. X-Citement Video, Inc., 513 U.S. 64 (Supreme Court 1994) (knowing possession standard for child pornography)
- United States v. Ramos, 685 F.3d 120 (2d Cir. 2012) (evidence of deliberate visits to child-porn sites)
- United States v. Kain, 589 F.3d 945 (8th Cir. 2009) (visit pattern supports knowledge)
- United States v. Pruitt, 638 F.3d 763 (11th Cir. 2011) (record of visits to websites with child-pornography connection)
- United States v. Bass, 411 F.3d 1198 (10th Cir. 2005) (deletion evidence supports intent and knowledge)
- United States v. Boll, 635 F.3d 340 (8th Cir. 2011) (laptop ownership and user-name connections evidence)
- United States v. Koch, 625 F.3d 470 (8th Cir. 2010) (nonalteration of laptop after defendant's access supports knowledge)
- United States v. Kearney, 672 F.3d 81 (1st Cir. 2012) (restitution to victim; proximate causation; amount reasonable)
- United States v. McGarity, 669 F.3d 1218 (11th Cir. 2012) (restitution causation discussion referenced)