Clinton Mark Lewis v. United States
FifthAmendment DueProcess
Is the charge of possession or accessing child pornography under 18 U.S.C. § 2252(a)(4)(B) 'image specific'?
QUESTION PRESENTED FOR REVIEW 1. Is the charge of possession or accessing child pornography under 18 U.S.C. § 2252(a)(4)(B) “image specific” in that it requires proof that the defendant knowingly possessed or accessed the images charged in the indictment, as the Tenth Circuit has held, or may the Government obtain a conviction based on circumstantial evidence that a defendant possessed or accessed other, uncharged images, which were not found on the defendant’s computer, were not produced to the jury for them to determine if the images were child pornography, and cannot now be viewed or accessed, as the Ninth Circuit held in this case? i