UNITED STATES v. HEATHERLY

Nos. 19-2424 & 19-2932.

985 F.3d 254 (2021)

UNITED STATES of America v. Dylan HEATHERLY, also known as Daniel Sotherland, also known as John Doe-9, Appellant in No. 19-2424. United States of America, v. William Staples, also known as Bill Simpson, also known as John Doe-7, Appellant in No. 19-2932

United States Court of Appeals, Third Circuit.

Filed: January 14, 2021.


Attorney(s) appearing for the Case

Robert J. Daniels [ARGUED], Richard H. Katsifis , Killian & Gephart, 218 Pine Street, P.O. Box 886, Harrisburg, PA 17101, Counsel for Appellant Dylan Heatherly.

M. Jason Asbell [ARGUED], Gibbel, Kraybill & Hess, 2933 Lititz Pike, P.O. Box 5349, Lancaster, PA 17606, Counsel for Appellant William Staples.

Stephen R. Cerutti, II , Office of United States Attorney, Middle District of Pennsylvania, 228 Walnut Street, P.O. Box 11754, 220 Federal Building and Courthouse, Harrisburg, PA 17108, Austin M. Berry [ARGUED], United States Department of Justice, Criminal Division, Child Exploitation and Obscenity Section, 1400 New York Avenue, N.W., Washington, DC 20005, Counsel for Appellee.

Before: McKEE, BIBAS, and FUENTES, Circuit Judges.


OPINION OF THE COURT

Dylan Heatherly and William Staples frequented an internet chat room where users regularly shared child pornography. One chat-room user repeatedly live-streamed himself raping and sexually abusing his six-year-old nephew. Heatherly and Staples encouraged him as he did so. And they repeatedly asked...

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