US v. Hoover: Hoover was arrested on state charges relating to taking indecent liberties with a minor. Further investigation uncovered videos of child pornography, which led to the identification of two minor boys, one 17 the other 12, who Hoover had recoded performing sexual acts. Hoover was charged with two counts of production of child pornography (one for each victim) and one count of possession. He was convicted after a one-day trial and sentenced to 840 months in prison.
On appeal, the Fourth Circuit affirmed Hoover’s conviction and sentence. Hoover’s primary arguments involved a pair of evidentiary issues. The first was that the district court had erred by allowing the introduction of evidence related to Internet search terms that suggested Hoover had a sexual interest in young boys. Applying plain error, the court agreed with the district court that the evidence was intrinsic to the charged offense, particularly since they were found on the same device used to produce the videos at issue. The second was whether the 17-year-old victim’s testimony should have been admitted under Rule 414 of the Rules of Evidence, which defines “child” as apply only to those under 14 years of age. The court held there was no error, distinguishing between “minor” and “child molestation,” which is defined to include acts that involve any person under 18 years of age.
No comments:
Post a Comment