Second Circuit: United States v. Spoor

The obscene nature of a film is objectively determined by the film's content; the intention of the creator is considered only as an element of the analysis.

No constructive amendment in shifting dates in facts alleged.

Past bad acts appropriately admitted, as the court was careful to remove the more inflammatory bits.

Within-guidelines 360 month sentence substantively reasonable.

http://www.ca2.uscourts.gov/decisions/isysquery/e79595db-c3ea-48e1-95ea-ab87f17d70cb/2/doc/16-2972_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/e79595db-c3ea-48e1-95ea-ab87f17d70cb/2/hilite/