Opinion here.  Judge Erdmann wrote for the majority.  Judge Stucky concurred in the result.  Chief Judge Baker dissented.

4 Responses to “CAAF reverses ACCA in Barberi”

  1. Charles Gittins says:

    I have not seen the pictures, but I am sure glad my parents went to their eternal rest without having to face the prospect that the photos they took of my brother and I in the tub, where one could see our little penises, might subject them to the punishment for child pornography.  Just sayin . . . . .

  2. stewie says:

    Not sure why you’d ever charge child porn under clause 3, when clause 1 and/or 2 suffice just fine.
    This should? be solved when we get an actual Article for child porn.

  3. Michael Korte says:

    Bill C:   You’re alright, Sir. You’re alright.
    In other news, everyone who owns that Nirvana CD can rest easy knowing they are not facing lifetime sex offender status.

  4. Bill C says:

    Thanks Mike: Hope all is well in the ROK.