United States v. Daniel Brown

The majority opinion is entirely inconsistent with our holding in United States v. Grovo, 826 F.3d 1207 (9th Cir. 2016), cert. denied, — U.S. -, 137 S.Ct. 1112, 197 L.Ed.2d 215 (2017). There, a panel of our court held that posting child pornography on a closed, online bulletin board was — as a matter of “statutory interpretation” — an “advertisement” under 18 U.S.C. § 2251(d). Id. at 1217. We could not have been clearer:

[W]e hold that advertising to a particular subset of the public is sufficient to sustain a conviction under the statute .... Here, the defendants’ posts were shared with á…