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U.S. v. SMITH

No. 12-60988.

739 F.3d 843 (2014)

United States of America, Plaintiff-Appellant, Cross-Appellee v. James William SMITH, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

January 13, 2014.

Attorney(s) appearing for the Case

Paul David Roberts , Assistant U.S. Attorney, U.S. Attorney's Office, Oxford, MS, for Plaintiff-Appellant, Cross-Appellee.

Julie Ann Epps, Esq. , Canton, MS, for Defendant-Appellee, Cross-Appellant.

Before KING, BENAVIDES, and DENNIS, Circuit Judges.

FORTUNATO P. BENAVIDES, Circuit Judge:

The United States appeals a Rule 29 judgment of acquittal following James William Smith's conviction for knowing possession of child pornography, 18 U.S.C. § 2252A(a)(5)(B). We reverse.

I. Background

The resolution of this appeal turns on a single question: did prosecutors present sufficient evidence that Smith was in knowing possession of the child pornography recovered from his shared computer? At trial...

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