Due on Sunday, No Plag Please see attachmen.docx - Due on Sunday No Plag Please see attachment For this assignment please read the U.S v McNealy case An

Due on Sunday, No Plag Please see attachmen.docx - Due on...

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Due on Sunday, No Plag Please see attachment For this assignment, please read the U.S. v McNealy case. An excerpt of the case is provided in this week's folder. After reading the case answer the four questions below. Make sure you fully answer each question, numbering your answers to correspond to the questions. Your answer must be no less than 350 words not counting the questions themselves.
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1. What was the primary issue in the excerpted case? 2. How did the court answer the issue; i.e., what was the court's decision or holding? 3. What was the court's reason for it's decision? For this question explain how the court applied the facts to the law. 4. How does this case apply to this week's material? u.s._v_mcnealy_case.docx UNITED STATES OF AMERICA, Plaintiff-Appellee, v. JOSEPH MCNEALY, Defendant-Appellant. No. 09-60521 UNITED STATES COURT OF APPEALS FOR THE FIFTH
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CIRCUIT 625 F.3d 858; 2010 U.S. App. LEXIS 23111 November 5, 2010, Filed CASE SUMMARY: PROCEDURAL POSTURE: Defendant appealed a decision of the United States District Court for the Southern District of Mississippi, which convicted him of possession and receipt of child pornography in violation of 18 U.S.C.S. § 2252(a)(2), (a)(4)(B). OVERVIEW: More than 9,000 pornographic images of children were found on defendant's computer. Federal agents created "
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forensic image" copies of the three hard drives in defendant's computer; however, his computer and its hard drives were subsequently destroyed. At trial, the government introduced print-outs of some of the images found on defendant's computer, using the forensic image copies. Defendant contended that images retrieved from his computer and alleged to be child pornography were improperly admitted because they were not authenticated under Fed. R. Evid. 901. The court held that nothing in the record, including the images themselves, suggested that they were anything other than images of actual prepubescent children and young teenage girls engaged in what defendant conceded was lewd and lascivious conduct. Moreover, there was no evidence in the record that the state of technology was such that images of this nature could have been generated using virtual children. The court also held that the government's destruction of defendant's computer was not in bad faith, and the destruction did not violate defendant's due process rights.
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OUTCOME: The court affirmed defendant's conviction. OPINION [*861] PRISCILLA R. OWEN, Circuit Judge: Joseph McNealy appeals his conviction for possession and receipt of child pornography in violation of 18 U.S.C. § 2252(a)(2), (a)(4)(B). He raises a number of issues, including whether the Speedy Trial Act was violated, the pornographic depictions of children were properly authenticated as images of actual children, and the destruction of his computer's hard drives was in bad faith. We affirm.
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  • Fall '16
  • Christopher L. Litten, MA, Ph.D.

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