United States v. Salva-Morales
2011 U.S. App. LEXIS 22023
| 1st Cir. | 2011Background
- Salva-Morales owned the San Juan computer shop; a Puerto Rico IP address linked to him identified a device sharing child pornography.
- Forensic search of Salva's shop in March 2006 recovered two hard drives from his personal computer containing child pornography.
- Salva was indicted in March 2007 and convicted in September 2008 of knowing possession of child pornography under 18 U.S.C. § 2252(a)(4)(B).
- Evidence showed pornography on two drives linked to Salva's computer; other shop computers lacked such files.
- Some files appeared in folders created shortly before the images were saved; Salva was present in the shop when files were accessed; there was testimony connecting Salva to several downloaded files.
- The First Circuit reviews the sufficiency of the evidence de novo and addresses both possession and jurisdictional elements, as well as certain evidentiary rulings on expert evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence proves Salva knew his computer contained CP files | Salva argues no direct proof of knowledge; drives show multiple users and ambiguity. | Salva argues lack of conclusive proof of his awareness of files. | Yes; a reasonable jury could find Salva knew his computer contained CP files. |
| Whether the government proved the jurisdictional element under § 2252(a)(4)(B) | Transmission in interstate commerce not proven; mere internet use premised. | Internet usage suffices to establish nexus; defendant need not know nexus. | Yes; internet transmission suffices and nexus need not be known by Salva. |
| Whether evidentiary rulings about the expert curriculum vitae and witness questioning require reversal | Curriculum vitae should have been admitted; prejudice possible. | Judge acted within discretion; questions properly framed. | No reversible error; rulings within discretion and non-prejudicial. |
Key Cases Cited
- United States v. Cruz-Díaz, 550 F.3d 169 (1st Cir.2008) (de novo, rational jury could convict on shown evidence)
- United States v. Robinson, 137 F.3d 652 (1st Cir.1998) (defendant need not know the nexus; existence suffices)
- United States v. Pires, 642 F.3d 1 (1st Cir.2011) (internet-based jurisdictional elements satisfied)
- United States v. Hilton, 257 F.3d 50 (1st Cir.2001) (jurisdictional nexus under related provisions)
- Angle v. United States, 234 F.3d 326 (7th Cir.2000) (downloading/offloading as basis for jurisdiction)
- United States v. Lacy, 119 F.3d 742 (9th Cir.1997) (downloading of files as basis for possession)
- United States v. Wilson, 182 F.3d 737 (10th Cir.1999) (reserving issue on certain jurisdictional theories)