The U.S. Court of Appeals for the Sixth Circuit issued a published opinion Wednesday in United States v. Jason Florence, affirming a federal jury conviction for possession of child pornography under federal law. The three-judge panel's decision to recommend the case for publication indicates the ruling addresses legal issues of broader significance to federal criminal practice.
The case centers on Jason Florence, who was convicted by a jury of one count of possession of child pornography in violation of 18 U.S.C. §§ 2252A(a)(5)(B) and 2252A(b)(2). The conviction came after a trial in the U.S. District Court for the Western District of Kentucky at Louisville, presided over by District Judge Charles R. Simpson III.
Prior to trial, the parties entered into a stipulation establishing that Florence had previously been convicted of possession and attempted possession of child pornography in 2015. The stipulation also confirmed that Florence was on supervised release at the time of the current offense, a factor that typically enhances the severity of federal sentencing considerations.
The Sixth Circuit panel consisted of Circuit Judge Karen Nelson Moore, who authored the opinion, along with Circuit Judges Clay and White. The case was argued on December 9, 2025, and the decision was filed on January 8, 2026.
Representing Florence on appeal was Joshua M. Reho from the Office of the Federal Public Defender in Louisville, Kentucky. Frank W. Heft Jr. and Aaron M. Dyke, also from the Federal Public Defender's office, contributed to the appellate brief. The government was represented by Amanda E. Gregory from the U.S. Attorney's Office in Louisville, with Danielle M. Yannelli contributing to the government's brief.
The case originated as criminal case number 3:23-cr-00053-1 in the Western District of Kentucky, indicating it was filed in 2023. The appeal was docketed as case number 24-6152, showing the defendant filed his appeal in 2024 following his conviction and sentencing.
Federal child pornography prosecutions under 18 U.S.C. § 2252A carry significant penalties, particularly for repeat offenders. The statute criminalizes various forms of child exploitation material offenses, including possession, distribution, and receipt. Subsection (a)(5)(B) specifically addresses possession offenses, while subsection (b)(2) provides the penalty structure for violations.
The fact that Florence was on supervised release during the commission of the current offense adds complexity to the case. Federal supervised release is imposed following incarceration and carries strict conditions. Violating supervised release can result in additional prison time and impacts sentencing for new offenses.
The Sixth Circuit's decision to recommend the case for publication under Internal Operating Procedure 32.1(b) suggests the opinion addresses legal principles that warrant broader distribution to guide future cases. Published opinions carry precedential weight and become part of the body of federal case law that lower courts must follow within the circuit's jurisdiction.
The Sixth Circuit Court of Appeals covers federal appeals from district courts in Kentucky, Michigan, Ohio, and Tennessee. As an intermediate appellate court, it reviews both civil and criminal cases from federal trial courts within its geographic boundaries.
While the specific legal issues addressed in the Florence opinion are not detailed in the available excerpt, child pornography cases often involve questions related to digital evidence, search and seizure procedures, sentencing enhancements for repeat offenders, and constitutional challenges to federal jurisdiction over internet-based crimes.
The case reflects the federal justice system's continued focus on prosecuting child exploitation crimes. Federal authorities typically pursue these cases when they involve interstate commerce elements, such as internet transmission or possession of materials that crossed state lines.
For defendants facing federal child pornography charges, the legal landscape includes mandatory minimum sentences in many circumstances and enhanced penalties for repeat offenses. The federal sentencing guidelines also provide for significant upward adjustments based on factors such as the number of images, distribution activities, and the age of depicted minors.
The Florence case will now stand as binding precedent within the Sixth Circuit's jurisdiction, meaning future similar cases will be guided by the legal principles established in Judge Moore's opinion. District courts in Kentucky, Michigan, Ohio, and Tennessee must follow the circuit's interpretation of relevant federal statutes and constitutional provisions.
The publication recommendation indicates the case likely resolved important questions that will assist trial judges, prosecutors, and defense attorneys in handling similar cases throughout the circuit. Federal appellate courts reserve publication recommendations for decisions that establish new legal principles, resolve conflicts in existing law, or address issues of continuing public interest.