Legal Opinion

United States v. John Clifford Burian

Court of Appeals for the Fifth Circuit

Decided April 7, 1994No. 93-1123PublishedCited by 16 opinions

1Opinion of the Court

W. EUGENE DAVIS, Circuit Judge:

John Burian appeals his conviction under 18 U.S.C. § 2252 for knowingly receiving in the mail visual depictions of minor children engaged in sexually explicit conduct. His primary challenge on appeal is the constitutionality of § 2252: Because we interpret § 2252 as including a knowledge requirement, we affirm his conviction. Burian also contends on appeal that the district court erred in denying his request for a reduction in his guideline sentence for acceptance of responsibility. We also find no error in this ruling by the trial court and also affirm his…

2Cases cited17 opinions

  1. New York v. FerberSupreme Court of the United States · 1982
  2. Edward J. DeBartolo Corp. v. Florida Gulf Coast Building & Construction Trades CouncilSupreme Court of the United States · 1988
  3. Osborne v. OhioSupreme Court of the United States · 1990
  4. United States v. Thirty-Seven (37) PhotographsSupreme Court of the United States · 1971
  5. United States v. GiffordCourt of Appeals for the First Circuit · 1994

12 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. United States v. MaxwellCourt of Appeals for the Armed Forces · 1996
  2. United States v. Terry Burton KimbroughCourt of Appeals for the Fifth Circuit · 1995
  3. United States v. De VaughnCourt of Appeals for the Tenth Circuit · 2012
  4. United States v. GrimesCourt of Appeals for the Fifth Circuit · 2001
  5. United States v. LayneCourt of Appeals for the Fifth Circuit · 1995

11 more not listed; retrieve them via the Exa API.

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