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United States v. Jorge L. Pabon-Cruz

Conviction on child pornography charges is not ified by juror's ?confusion.'

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Judge Lynch

UNITED STATES v. JORGE L. PABONCRUZ — On October 16, 2002, a jury returned a guilty verdict on both counts of an Indictment charging Jorge L. Pabon Cruz (“Pabon”) with advertising to receive, exchange, or distribute child pornography in violation of 18 U.S.C. §2251(c)(1)(A) (“Count One”) and receiving or distributing child pornography in violation of 18 U.S.C. §2252A(a)(2)(B) (“Count Two”). The defense now moves for a judgment of acquittal on both counts pursuant to Rule 29 of the Federal Rules of Criminal Procedure, or alternatively for a new trial pursuant to Rule 33. The defense claims that (1) the evidence was insufficient to prove that Pabon knew that the images depicted actual children; and (2) a new trial is required because (a) the admission of the pornographic photographs was unfairly prejudicial; and (b) the Court’s supplemental instruction was so confusing as to result in an improper verdict. (Defendant’s Memorandum of Law (“Def.’s Mem.”) at 1.) The motion will be denied.

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