Emory Allen Day v. United States

In Old Chief v United States, 519 US 172 (1997), this Court held that a district court abuses its discretion under Federal Rule of Evidence 403 by admitting the full record of a prior conviction when a defendant offers to stipulate to his status. The circuits have divided over whether, and to what extent, that principle requires the exclusion of child-pornography images themselves when a defendant offers to stipulate to their child-pornographic nature. The question presented is: Whether a criminal defendant’s offer to stipulate to the child-pornographic nature of charged images requires the exclusion of the images themselves under Rule 403 and Old Chief.

In Ashcroft v Free Speech Coalition, 535 US 234 (2002), this Court held that the First Amendment requires the Government to prove that a proscribed image depicts a real, rather than a virtual, child. The question presented is: Whether, in light of the proliferation of computer-generated and artificialintelligence imagery, the Government must affirmatively prove—and a sentencing court must expressly find—that an image relied upon to impose the four-level enhancement under USSG §2G2.2(b)(4)(A) depicts a real, prepubescent minor.