Legal Opinion

United States v. Mitchell

District Court, E.D. California

Decided September 1, 2015No. 2:12-cr-0401-KJMPublished

1Opinion of the Court

ORDER

KIMBERLY J. MUELLER, District Judge.

Defendant Albert Mitchell is charged with knowingly receiving child pornography in violation of 18 U.S.C. § 2252(a)(2). He seeks an order compelling the government to provide him with a mirror copy of the computer media seized from him. (ECF No. 90.) He agrees to a protective order under which all materials will be accessible to defense attorneys, paralegals, and experts only, on a confidential basis. The government refuses to produce the materials, arguing it is prohibited from doing under 18 U.S.C. § 3509(m), a provision of the Adam Walsh Act.1 After…

2Cases cited17 opinions

  1. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  2. Ake v. OklahomaSupreme Court of the United States · 1985
  3. United States v. David SilvermanCourt of Appeals for the Ninth Circuit · 1988
  4. United States v. WrightCourt of Appeals for the Ninth Circuit · 2010
  5. United States v. CordyCourt of Appeals for the Eighth Circuit · 2009

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