United States v. Daniel Brown

Dissent by Judge Bybee

OPINION

TIGAR, District Judge:

Daniel Brown was a member of an online bulletin board known as Dark Moon, where members, including Brown, shared child pornography. A jury convicted Brown of conspiracy to make, print, or publish “any notice or advertisement seeking or offering” child pornography in violation of 18 U.S.C. §§ 2251(d) and (e). The district court sentenced Brown to a prison term of fifteen years.

Brown challenges his conviction on the ground that the district court violated his Sixth Amendment right to present his defense to the jury when it precluded him from…