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Defendant John Fabiano appeals his conviction for knowingly receiving child pornography, in violation of 18 U. Agents seized two computers along with some computer diskettes. Martinez, 776 F.2d 1481, 1484 (10th Cir.1985) (tendering jury instructions which were not given does not preserve the issue for appeal). If John Fabiano requested the images in question, and they were ultimately sent to him by e-mail, you may find that is sufficient to show he “knowingly received” them. Furthermore, nothing in the language of the instructions suggests that after-acquired knowledge of the content of these visual depictions would be sufficient to convict Defendant under § 2252(a)(2). We do not weigh the evidence or consider the credibility of the witnesses. In order to find a defendant guilty of knowing receipt of child pornography in violation of 18 U. ” “LOOkatpics” responded “jp I have 6 to 11 in the mass mail I am sending out in 5 min's.” When “LOOkatpics” said “time's up here comes the mail!
Katz, Federal Public Defender, with her on the brief) Denver, Colorado, for Defendant-Appellant. Finally, Defendant argues that the district court erred by ordering Defendant to comply with the requirements of the Colorado sex offender registration statute as a condition of supervised release. On December 11, 1996, agents searched Defendant's home in Broomfield, Colorado pursuant to a warrant. “Knowing receipt” means more than simply having e-mail sent to a computer. In X-Citement, the Court held that the “knowingly” scienter requirement in § 2252 applies, not only to “receives,” but also to “the sexually explicit nature of the material and to the age of the performers.” Id. For example, the “knowingly received” instruction stated that “ ‘knowing receipt’ means more than simply having e-mail sent to a computer.” That instruction also stated that “[i]f John Fabiano did not request the images in question, you may find that he did not ‘knowingly receive’ them.” The “knowingly” instruction stated that “knowingly” does not mean “mistake or accident or other innocent reason.” Thus, these instructions did not permit the jury to find Defendant guilty of “knowingly receiving” child pornography in violation of § 2252(a)(2), if the evidence showed that Defendant merely acquired the e-mail's without knowledge of their content, i.e., by accident or mistake. § 2252(a)(2), a jury must find beyond a reasonable doubt that: (1) Defendant knowingly received a visual depiction sent in interstate commerce via computer; (2) which Defendant knew depicted a minor engaged in sexually explicit conduct. One participant, screen name “JPavlik984,” inquired “Anyone wanna trade 6-11.” Screen name “Mbuckinghm,” asked “how young is everybody into?