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U.S. v. POLOUIZZI

Docket Nos. 08-1830-cr(L), 08-1887-cr(XAP).

564 F.3d 142 (2009)

UNITED STATES of America, Appellee-Cross Appellant, v. Pietro POLOUIZZI, also known as Peter Polouizzi, also known as Peter Pietro-Polouicci, also known as Peter Polizzi, Defendant-Appellant-Cross Appellee.

United States Court of Appeals, Second Circuit.

Decided: April 24, 2009.

Attorney(s) appearing for the Case

David M. Shapiro, American Civil Liberties Union Foundation, Washington, DC (Jeffrey L. Fisher, Davis Wright Tremaine LLP, Seattle, WA and Mitchell J. Dinnerstein, on the brief), for Defendant-Appellant Cross-Appellee.

Allen L. Bode, Assistant United States Attorney (Peter A. Norling and Andrea Goldbarg, Assistant United States Attorneys, on the brief), for Benton J. Campbell, United States Attorney for the Eastern District of New York, Brooklyn, NY, for Appellee Cross-Appellant.

A. Stephen Hut, Wilmer Cutler Pickering Hale & Dorr, LLP, Washington, DC, Adam J. Hornstine, Wilmer Cutler Pickering Hale & Dorr, LLP, Washington, DC, Richard D. Willstatter, Green & Willstatter, White Plains, NY, and Peter Goldberger, Families Against Mandatory Minimums Foundation, Ardmore, PA, for Amici Curiae the National Association of Criminal Defense Lawyers and Families Against Mandatory Minimums Foundation, in support of Defendant-Appellant-Cross-Appellee.

Colleen P. Cassidy, Federal Defenders of New York, Inc., New York, NY, for Amicus Curiae Federal Defenders of New York, Inc.

Before: LEVAL, KATZMANN, and RAGGI, Circuit Judges.

KATZMANN, Circuit Judge:

This case calls upon us to decide whether a collection of child pornography is a single unit of prosecution under 18 U.S.C. § 2252(a)(4)(B) such that the possession of a collection cannot support multiple counts of conviction. Moreover, we are called upon to address whether the district court's self-described failure to exercise its discretion to inform the jury of an applicable mandatory minimum sentence constitutes a manifest injustice...

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