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Culver: 720-month sentence for child pornographer

By Tim Cone

In U.S. v. Culver, No. 07_14708 (March 2, 2010), the Court affirmed the conviction and 720-month sentence imposed on a defendant convicted of producing child pornography of his stepdaughter.The Court rejected the argument that the Commerce Clause did not authorize Congress to criminalize Culver?s conduct, pointing out that ?pornography begets pornography, regardless of its origin.?The Court also rejected Culver?s Rule 404(b) challenge to admission of evidence that he used a stun gun against his stepdaughter, pointing out that this evidence was relevant to show that he rendered her unconscious to make the tape of her.The Court also affirmed the exclusion of evidence of the victim?s prior sexual history. The Court found that Culver was given adequate opportunity to question the victim on cross-examination...continue to full post

Full post as published by Defense Newsletter Blog on March 11, 2010 (boomark / email).