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U.S. v. HOTALING

No. 1:07-CR-580.

599 F.Supp.2d 306 (2008)

UNITED STATES of America, v. John HOTALING, Defendant.

United States District Court, N.D. New York.

December 4, 2008.

Attorney(s) appearing for the Case

Andrew T. Baxter, Acting United States Attorney, Thomas Spina, Esq., Assistant U.S. Attorney, of counsel, Northern District of New York, Albany, NY.

Alexander Bunin, Federal Public Defender, Gene Primomo, Esq., Assistant Federal Public Defender, of counsel, Albany, NY, for Defendant.

MEMORANDUM-DECISION AND ORDER

NORMAN A. MORDUE, Chief Judge.

I. Introduction

Defendant is charged in a one-count indictment with a violation of the Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today Act ("PROTECT"), codified in scattered sections of 18, 28, and 42 of the United States Code. 18 U.S.C. §§ 2252A(a)(5)(B) and 2256(8)(C) criminalize possession of child pornography consisting of visual depictions...

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