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Man’s second federal child-porn conviction sticks, 7th Circuit rules

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A man whose first federal child pornography conviction was reversed on appeal struck out in his second appearance before the 7th Circuit Court of Appeals after he was reconvicted of the same 16 counts.

Federal investigators in 2007 discovered an Internet bulletin board called “the Cache” that provided images and videos of child pornography to members around the world. The government alleged Roger Loughry was a site administrator whose online identity was “Mayor roger.” A federal jury convicted him of 12 charges of advertising child pornography, two counts of distribution of child porn and one count each of conspiracy to advertise and conspiracy to distribute the material.

At the first appeal, the 7th Circuit reversed his conviction because evidence was presented that depicted “hardcore” child porn seized from a search of Loughry’s home that was unlike that for which he was being prosecuted. The 7th Circuit ruled admission of such evidence was an abuse of discretion under Federal Rule of Evidence 403.

On retrial, federal prosecutors withheld that evidence and Loughry nonetheless was convicted on all 16 of the same counts before Judge Sarah Evans Barker of the District Court for the Southern District of Indiana. In his appeal, Loughry argued he was unfairly prejudiced when evidence seized from his home was supplied to jurors during deliberations.

“While there may be some special circumstances in which a district court would abuse its discretion by failing to exclude properly admitted evidence from the jury room on this basis, Loughry’s case does not fit the bill,” Circuit Judge Ann Claire Williams wrote for the panel in USA v. Roger Loughry, 13-1385.

“The challenged exhibit was not unfairly prejudicial because the images and videos from Loughry’s personal collection were highly probative of his identity as the (I)nternet user ‘Mayor roger’ who advertised and distributed child pornography on a site called ‘the Cache.’ The similarities between Loughry’s own child pornography and that found on the Cache made Loughry’s personal collection highly probative and justified the court’s decision to allow jurors to inspect it during deliberations,” the panel ruled.

Loughry, 60, is serving his sentence in the Petersburg (Va.) Medium Security Federal Correctional Institution and is not eligible for release for 31 years.
 

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  1. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

  2. Who gives a rats behind about all the fluffy ranking nonsense. What students having to pay off debt need to know is that all schools aren't created equal and students from many schools don't have a snowball's chance of getting a decent paying job straight out of law school. Their lowly ranked lawschool won't tell them that though. When schools start honestly (accurately) reporting *those numbers, things will get interesting real quick, and the looks on student's faces will be priceless!

  3. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  4. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  5. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

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