Buzicky and Trial Attorney Jeffrey H. Schiltz sentenced McCoy March 25 to months in federal prison, and also ordered him to serve 10 years supervised release following his prison sentence. He was convicted in in the Middle District of Georgia of one count of transportation of obscene matters after sending one such story via the internet to an undercover Homeland Security Investigations agent. Hearing impaired users can call TTY Nor did the district court's focus on the 18 stories expand the indictment in any way. McCoy objected to the government's proposed approach; he argued that the focus on only 18 of his stories and request for a special verdict constructively amended the indictment. The defendant is expected to be sentenced on April 5,
On this website, McCoy posted more than stories that he authored or edited and that described in graphic and explicit detail the sexual abuse, rape, and torture of young children. After being charged, McCoy waived his right to a jury trial and was therefore tried before the district court. We are unpersuaded by McCoy's arguments to the contrary. The court went on to explain that the prosecution was not required to introduce expert testimony establishing that the stories were obscene because the stories themselves were placed in evidence. According to documents filed in court, MCCOY wrote and distributed short stories describing extreme sexual abuse and other acts of violence perpetrated against very young children. In December , while out on bond pending appeal of that conviction, McCoy amassed a large number of computers and related equipment at his home in Minnesota. From outside the U. Hearing impaired users can call TTY Both are staffed around the clock by investigators. Shall be fined under this title or imprisoned not more than five years, or both, for the first such offense and shall be fined under this title or imprisoned not more than ten years, or both, for each such offense thereafter. Probation Officer, revealed the computers contained dozens of videos of child exploitation. Buzicky and Trial Attorney Jeffrey H. A search of the computer equipment revealed dozens of videos of child exploitation. Over the course of Brant's investigation, McCoy provided Brant with links to three websites that contained McCoy's stories. Approximately one month prior to trial, MCCOY was interrupted in the process of typing a sexually explicit story describing the sexual abuse of a young child by her grandfather while he was on supervised and pretrial release and living in a halfway house in the Twin Cities. In light of these common factors, we conclude that the district court did not err when it focused on the 18 stories as a representative sample of all of McCoy's stories collectively. The district court's focus on 18 of McCoy's stories did not deviate from the allegations in the indictment. Simply put, expert testimony on the value of McCoy's stories was unnecessary for the finder of fact to ascertain whether the stories, taken as a whole, lacked serious artistic, scientific, literary, or political value. Frank Russell McCoy, of Otsego, Minnesota, was found guilty of possessing child pornography after a two-day trial that ended Dec. A work is not necessarily obscene if one portion could be deemed to lack societal value when considered separately and in isolation. For more information about Project Safe Childhood, please visit www. Generally, the 1st Amendment prohibits the punishment of speech based on its content. McCoy contended that all of the more than stories Brant downloaded were the subject of the single-count indictment. McCoy maintained a website atyoung-stuff. This sentence resulted from an investigation by U.
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