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USVGanoe 08 15 08
USVGanoe 08 15 08
10733
10736 UNITED STATES v. GANOE
COUNSEL
OPINION
The investigation
The indictment
Pre-trial motions
The defense
Defense surrebuttal
Ganoe was convicted on counts one, two, and four, and was
acquitted on count three. He was sentenced to 96 months in
10744 UNITED STATES v. GANOE
prison, a $15,000 fine, and five years of supervised release.
He timely appealed and raises the following claims of error.
II. DISCUSSION
[3] The fact that the vast majority of the titles accurately
described the nature of the corresponding image was relevant
to rebut the defense’s suggestion that one could download the
files without intending to obtain child pornography. The fact
that even those files that were not explicitly titled also turned
out to contain child pornography and were likewise placed in
the “z” folder strongly suggests that the images had to have
been viewed in order to be categorized. The jury had to see
the images to be able to draw these conclusions. Thus the
images themselves, published to the jury as part of the gov-
ernment’s detailed and comprehensive forensic evidence
regarding the downloading, viewing, categorizing, and storing
of the files, were highly probative of the state of mind with
which the files were received and possessed. Seen in this con-
text we think it plain that Ganoe’s proffered stipulation sim-
ply did not “supply evidentiary value at least equivalent to
what the Government’s own evidence carried.” See Old Chief
v. United States, 519 U.S. 172, 186 (1997).
G. Sentencing contentions