Legal Opinion
United States v. Hoey
Court of Appeals for the First Circuit
Decided November 29, 2007No. 07-1454PublishedCited by 34 opinions
1Opinion of the Court
LYNCH, Circuit Judge.
Two issues of law are raised as to the interpretation of the sentencing guideline, U.S.S.G. § 2G2.2(b)(4), for possession of sadistic or masochistic child pornography.
Russell Hoey appeals from his sixty-three month sentence, but not from his conviction, for possession of child pornography. He primarily objects to the sentencing judge’s application of a four-level increase under U.S.S.G. § 2G2.2(b)(4) for possession of material “that portrays sadistic or masochistic conduct or other depictions of violence.” He argues (1) that the prosecution did not meet its burden of…
2Cases cited20 opinions
- Rita v. United StatesSupreme Court of the United States · 2007
- New York v. FerberSupreme Court of the United States · 1982
- Ashcroft v. Free Speech CoalitionSupreme Court of the United States · 2002
- Osborne v. OhioSupreme Court of the United States · 1990
- United States v. KimlerCourt of Appeals for the Tenth Circuit · 2003
15 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- United States v. BryantCourt of Appeals for the First Circuit · 2009
- United States v. BatchuCourt of Appeals for the First Circuit · 2013
- United States v. Patrick John Corp.Court of Appeals for the Sixth Circuit · 2012
- United States v. SicherCourt of Appeals for the First Circuit · 2009
- United States v. StellaCourt of Appeals for the First Circuit · 2009
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