The Fourth Circuit just tossed a conviction of a man who photographed himself and a 7-year-old girl having sex, the Associated Press reported.

Now before readers take up pitch-forks and torches, it should be noted that the circuit did nothing more than review whether or not the lower court applied the law correctly.

Anthony Palomino-Coronado was sentenced to 30 years after being convicted of persuading a child to engage in sexual activity for the purpose of filming or photographing that conduct in violation of 18 U.S.C. sec. 2251.

The child in question, identified only as B.H., lived in Laurel, Maryland and was his next door neighbor. Investigations revealed that Coronado frequently spent time with B.H. at his house in non-sexual contexts and had photographs on his cell phone to prove it.

18 U.S.C. section 2251(a)

The government indicted Coronado on one count: violation of 18 U.S.C. sec. 2251(a) – knowingly employing, using, persuading, inducing, enticing, and coercing a minor to engage in sexually explicit conduct for the purpose of producing a visual depiction of that conduct.

The panel of judges conceded that Palomino took the photograph, but overturned the conviction. The opinion that was so detailed, it almost seemed clear that the court had issues of equity with the ruling. Nevertheless, it overturned the conviction because it concluded that there was not enough evidence in the record that Coronado’s act of obtaining the photograph was his reason for having sex with the child.

Related Resources:

  • Appeals Court Tosses Conviction in Child Sex Photo Case (WBOC)
  • 4th Cir. to Rehear Cell-Site Surveillance Tower Case (FindLaw’s Fourth Circuit)
  • ACLU Appeals School’s Bathroom Ban on Transgender Student (FindLaw’s Fourth Circuit)

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