DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
192417P.pdf 12/16/2020 United States v. Robert Hensley
U.S. Court of Appeals Case No: 19-2417
U.S. District Court for the Eastern District of Arkansas - Little Rock
[PUBLISHED] [Shepherd, Author, with Loken and Erickson, Circuit Judges]
Criminal case - Criminal law. Evidence was sufficient to support
defendant's child pornography convictions; the evidence showed he intended
to entice the fictitious minor female to engage in illegal sexual conduct
and that he took a substantial step towards commission of the crime by
planning and ultimately driving to an agreed-upon location to meet the
minor; defendant attempted to produce child pornography when he asked for
a photograph of the minor's breasts and vagina; the evidence was
sufficient to show defendant knowingly possessed child pornography on his
computer; the court's jury instruction on consideration of prior
convictions and substantive step were not erroneous; the court cautions
that instructions using illustrative examples which track closely the
facts of a defendant's case are discouraged; the instructions here
regarding substantial step toward the commission of an offense fall short
of reversible error; the prosecutor's closing arguments were supported by
the evidence or reasonable inferences therefrom, and did not warrant
reversal under the plain error doctrine; any error in failing to suppress
defendant's statements to police was harmless in light of the other
evidence in the case, including defendant's own testimony at trial;
argument that the court erred in imposing a 420-month sentence on the
possession of pornography count rejected as the error was harmless because
the mandatory minimum for his conviction on the charge of attempted
production of child pornography after having previously been convicted of
a child sex crime is 420 months.