DOJ-OGR-00003670.pdf

--- Page 1 --- **Document Header** * Case Number: 1:20-cr-00330-PAE * Document Number: 206 * Filed Date: 04/16/21 * Page Number: 18 of 22 **Text Content** The document contains a lengthy paragraph of text, which appears to be a legal opinion or argument. The text is written in a formal, professional tone and includes references to various court cases and legal precedents. **Key Points** * The document discusses the application of the "offense involving" language in the context of child pornography. * The court held that § 3283 did not apply to a charge of possession of child pornography, even though the facts of the case involved conduct that went beyond the elements of child pornography. * The government's attempt to distinguish Coutentos on the ground that "this case does not involve the possession of child pornography" (Opp. 41) misses the point. * In determining whether § 3283 applied, the court did not consider evidence of actual sexual abuse and instead confined its focus to the elements of the offense of possession of child pornography. * The government attempts to distinguish Bridges, in which the Supreme Court used the equivalent of a "necessarily entails" approach specifically with respect to a statute of limitations, and argues that Bridges is an outlier based on its legislative history. **Footnotes** * Footnote 10: The government cites the Second Circuit's statement in a footnote in Weingarten that the "offense involving" language is "equally consistent with applying a fact-based approach." Opp. 39-40 (quoting Weingarten, 865 F.3d at 60 n.11). However, Weingarten relied exclusively on Nijhawan for that proposition; like the government, it cited no case in which fact-based approach had been used to apply an "offense involving" statute other than § 3283. In any event, the Second Circuit did not hold that a fact-based approach applies to § 3283; it held only, in the context of an ineffective assistance claim, that it was "not obvious" which approach applies. Weingarten, 865 F.3d at 60. **Page Number** * Page Number: 13 **Footer** * DOJ-OGR-00003670