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United States v. Loughry

United States Court of Appeals, Seventh Circuit

December 18, 2013

UNITED STATES of America, Plaintiff-Appellee,
v.
Roger LOUGHRY, Defendant-Appellant.

Argued Oct. 28, 2013.

Page 167

Steven D. Debrota, Attorney, Office of the United States Attorney, Indianapolis, IN, Jeffrey Zeeman, Attorney, Criminal Div., Child Exploitation and Obscenity Section, Washington, DC, for Plaintiff-Appellee.

Eric K. Koselke, Attorney, Indianapolis, IN, for Defendant-Appellant.

Before POSNER, WILLIAMS, and HAMILTON, Circuit Judges.

WILLIAMS, Circuit Judge.

This is Roger Loughry's second visit to the Seventh Circuit. In his first appeal, we reversed his convictions for various child pornography offenses because the district court erred in admitting certain " hard core" child pornography videos found on Loughry's computer. United States v. Loughry (" Loughry I " ), 660 F.3d 965, 973-75 (7th Cir.2011). Following our decision, the government re-tried Loughry without introducing the unduly prejudicial videos at issue in Loughry I. At the conclusion of his second trial, Loughry was again convicted of sixteen child pornography offenses.

Loughry contends that his most recent convictions should be reversed because the district court sent to the jury room a binder containing properly admitted evidence of child pornography collected from his residence. According to Loughry, the evidence recovered from his home was simply too prejudicial for jurors to examine during

Page 168

their deliberations. While there may be some special circumstances in which a district court would abuse its discretion by failing to exclude properly admitted evidence from the jury room on this basis, Loughry's case does not fit the bill. The challenged exhibit was not unfairly prejudicial because the images and videos from Loughry's personal collection were highly probative of his identity as the internet user " Mayorroger" who advertised and distributed child pornography on a site called " the Cache." The similarities between Loughry's own child pornography and that found on the Cache made Loughry's personal collection highly probative and justified the court's decision to allow jurors to inspect it during deliberations. We affirm.

I. BACKGROUND

In 2007, United States Postal Inspection Service (" USPIS" ) inspectors discovered that an internet bulletin board site called " the Cache" was providing users with access to images and videos depicting child pornography. After obtaining a search warrant, USPIS inspectors seized the Cache's contents and began looking into the activities and identities of the site's administrators. Investigators learned that a user named " Das" — later determined to be Delwyn Savigar— was one of the Cache's two head administrators. Below Savigar on the Cache's organizational chart were three co-administrators. USPIS's investigation revealed that one co-administrator, a user named " Mayorroger," was Loughry. As a co-administrator, Loughry managed content, added members, and deleted other Cache members who may have been compromised by law enforcement.

The Cache was organized as a collection of topic areas. One such area, the " LS and BD Galleries," contained child pornography images downloaded from a pair of (now defunct) commercial child pornography websites, Lolita Studios (" LS" ) and Branded Dolls (" BD" ). In May 2006, the head administrator of the Cache, " Das," or Savigar, posted a series of child pornography images entitled " Little Virgins" in the " LS and BD Galleries" area. In a caption accompanying his post, Savigar wrote, " Now open with a huge thanks to Mayorroger." Months later, " Mayorroger," or Loughry, replied to Savigar's initial post, " I can't take any credit here. Das did it all. I love to give."

In late 2008, federal law enforcement agents executed a search warrant of Loughry's residence and seized his computer and various compact discs. Loughry's hard drive and compact discs contained images and videos similar to those found on the Cache. For example, one video on Loughry's hard drive was from Lolita Studios, the same defunct child pornography site whose images populated the " LS and BD Galleries" area of the Cache. Moreover, the computer's hard drive was registered to Loughry and contained a user account under the name " Mayorroger." Agents also discovered bookmarks on the computer that provided quick access to specific pages on the Cache including its administrator control panel.

Loughry was ultimately indicted on twelve charges of advertising child pornography, two counts of distribution of child pornography, one count of conspiracy to advertise child pornography, and one count of conspiracy to distribute child pornography. After a jury trial, Loughry was convicted on all sixteen counts. On appeal, we reversed his convictions because the district court erred in admitting certain videos found on Loughry's computer which ...


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