Legal Opinion

United States v. Marchand

District Court, D. New Jersey

Decided March 5, 2004No. CRIM. 02-813Published

1Opinion of the Court

OPINION

HOCHBERG, District Judge.

Introduction:

The Defendant, Anthony Marchand, is accused of possessing Child Pornography, in violation of the Child Pornography Prevention Act (“CPPA”), 18 U.S.C. § 2252A(a)(5)(B). The Defendant knowingly and voluntarily waived his right to a jury trial. Therefore, this Court is responsible for both findings of fact and conclusions of law. The issues for this Court are: 1) whether the images that the Defendant possessed depicted real minors and 2) whether the Defendant knew that the images he possessed depicted real minors. 1 In accordance with Fed.R.Crim.P.…

2Cases cited12 opinions

  1. United States v. X-Citement Video, Inc.Supreme Court of the United States · 1994
  2. Ashcroft v. Free Speech CoalitionSupreme Court of the United States · 2002
  3. United States v. Chance ReardenCourt of Appeals for the Ninth Circuit · 2003
  4. United States v. Angela KhorozianCourt of Appeals for the Third Circuit · 2003
  5. United States v. Allen W. Stewart, in Nos. 98-1260 United States of America v. Allen W. Stewart, in Nos. 98-1302 United States of America v. Allen W. Stewart, in Nos. 98-1541 United States of America v. Allen W. Stewart, in Nos. 98-1716 United States of America v. Allen W. Stewart, in Nos. 98-1860 United States of America v. Allen W. Stewart, in Nos. 98-1968Court of Appeals for the Third Circuit · 1999

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