United States v. Dauray
United States Court of Appeals for the Second Circuit
215 F.3d 257 (2000)
Charles Dauray (defendant) was sitting in his car at a state park in Connecticut when a park officer approached his car and found him to be in possession of 13 unbound pictures from magazines of minors engaging in sexually explicit conduct. Dauray was indicted by a federal grand jury for possession of child pornography in violation of 18 U.S.C. § 2252(a)(4)(B), which punishes the possession of three or more books, magazines, periodicals, films, video tapes, or “other matter” having passed through interstate or foreign commerce and which contains any visual depiction of a minor engaging in sexually explicit conduct. A jury found him guilty. The district court then considered Dauray’s pretrial motion to dismiss the indictment. Dauray argued that each picture in his possession was itself a “visual depiction” and thus could not be “other matter” containing any visual depiction. Thus, Dauray reasoned the indictment failed to charge an offense. The district court that the pictures constituted “other matter” within the meaning of the statute, denied dismissal of the indictment, and denied defense counsel’s request to apply the rule of lenity. Dauray appealed.
Rule of Law
Holding and Reasoning (Jacobs, J.)
Dissent (Katzmann, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 170,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.