U.S. v. JARMAN

No. 11-31217.

687 F.3d 269 (2012)

UNITED STATES of America, Plaintiff-Appellant, v. George William JARMAN, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 9, 2012.


Attorney(s) appearing for the Case

Alexandra R. Gelber , Child Exploitation & Obscenity Section, Vijay Shanker , Crim. Div., Anthony William Vitarelli (argued), Alecia Riewerts Wolak , U.S. Dept. of Justice, Washington, DC, for Plaintiff-Appellant.

Michael Reese Davis, Sr. (argued), Joseph Edwin Blackwell , Richard P. Ieyoub , Glen R. Petersen , Hymel Davis & Petersen, L.L.C., Baton Rouge, LA, for Defendant-Appellee.

Before JONES, Chief Judge, and OWEN and HIGGINSON, Circuit Judges.


HIGGINSON, Circuit Judge:

Congress has spoken clearly in favor of protecting victims of child pornography. See generally Adam Walsh Child Protection and Safety Act of 2006, 42 U.S.C. §§ 16901 et seq. (2008). One aspect of their solicitude is the statute at issue in this case, 18 U.S.C. § 3509(m), which contains specific instructions that mandate government retention of child pornography evidence during criminal proceedings:

(m...

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