United States v. Espinoza

641 F.2d 153 (4th Cir. 1981)

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Nature of the Case

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Facts

Holdren was the owner-operating of a retail outlet dealing in sexually explicit matter. Holdren testified that he would call J-E’s place of business in California and that he would talk to Joe and place an order for child porn consisting of magazines and films. Those items were shipped to Holdren by Greyhound Bus and that Holdren received them and turned them over to the FBI. The evidence included the items, invoices, canceled checks, and other documents relating to the transaction. that in response to an order for kiddie porn placed by him in a telephone conversation with 'Joe,' at J-E's place of business in California, the items of kiddie porn mentioned in the indictment, consisting of magazines and films, were shipped from J-E in California, to Kip's Discount in Charleston, by Greyhound Bus. Over D’s objection, Holdren testified to these facts but also stated that he never met Joe nor did he even know what Joe looked like. D’s fingerprint was also found on two of the invoices to Holdren. D was convicted and appealed in that Holdren should not have been allowed to testify about the phone conversations.