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Child Porn Conviction Affirmed, Plus Civil Commitment for Sex Offender

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By FindLaw Staff on July 09, 2010 10:36 AM

US v. Faulds, 09-3245, concerned a challenge to defendant's convictions for distributing and possessing child pornography.  In affirming the convictions, the court rejected defendant's double jeopardy violation claim in holding that the Blockburger test is implicated only where the same act or transaction constitutes a violation of two distinct statutory provisions, and here, defendant's two convictions are based on different acts that occurred over a period of more than a month.

Sweeney v. Bartow, 10-1447, concerned a defendant's petition for a certificate of appealability challenging state court proceedings to commit him civilly as a sexually violent person, claiming that the use of his assault convictions as the basis for civil detention as a sexually violent person would infringe the ex post facto clause.  In denying the petition, the court held that, if all a defendant in a state proceeding had to do in order to obtain federal court review of his federal claims before the proceeding was over was to move to dismiss and exhaust state remedies, Younger would be a dead letter.

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