United States v. Frabizio

MEMORANDUM AND ORDER RE: MOTION TO EXCLUDE EXPERT TESTIMONY

GERTNER, District Judge.

I. INTRODUCTION

The government has charged defendant Rudy Frabizio (“Frabizio”) with possession of child pornography under the Child Pornography Prevention Act (“CPPA”), 18 U.S.C. § 2252(a)(4)(B). To obtain a conviction under § 2252(a)(4)(B), the Supreme Court has held that the government must prove the defendant possessed images of real children, rather than images of virtual children, engaging in sexually explicit conduct. Ashcroft v. Free Speech Coalition, 535 U.S. 234, 122 S.Ct. 1389, 152 L.Ed.2d 403 (2002);…