U.S. v. FRABIZIO

No. 05-2034.

459 F.3d 80 (2006)

UNITED STATES of America, Appellant, v. Rudy FRABIZIO, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided August 16, 2006.


Attorney(s) appearing for the Case

Dana M. Gershengorn, Assistant United States Attorney, with whom Seth P. Berman, Assistant United States Attorney, and Michael J. Sullivan, United States Attorney, were on brief, for appellant.

Miriam Conrad, with whom Federal Defender Office was on brief, for appellee.

Before TORRUELLA, LYNCH, and HOWARD, Circuit Judges.


LYNCH, Circuit Judge.

This is the government's appeal from a pre-trial order by a district court excluding from jury consideration three photographs, which the government has charged are child pornography.

In 2004, Rudy Frabizio was indicted on, inter alia, one count of possession of child pornography, in violation of 18 U.S.C. § 2252(a)(4)(B). That statute prohibits the knowing possession of:

1 or more books, magazines, periodicals, films, video...

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