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United States v. Romm

455 F.3d 990 (9th Cir. 2006)

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United States v. Romm

United States Court of Appeals for the Ninth Circuit

455 F.3d 990 (9th Cir. 2006)

Facts

While Stuart Romm (defendant) was in sole possession of his laptop computer, he used the internet to locate child pornography. After finding an image that he liked, Romm would keep the image up on his screen for approximately five minutes before deleting it. Romm also manipulated some of the smaller images in order to more easily view them. When the images were up on Romm’s screen, they were stored to his internet cache, and he was able to print or send the images. Romm admitted that he knew the images were being stored in his cache, and described his actions as “saving” and “downloading” the images. Romm was convicted of receiving and possessing child pornography. Romm appealed his convictions on the basis that his viewing of child pornography did not rise to the level of receipt or possession of child pornography.

Rule of Law

Issue

Holding and Reasoning (Bea, J.)

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