Chin v. United States

833 F. Supp. 154, 1993 U.S. Dist. LEXIS 13330, 1993 WL 376053
CourtDistrict Court, E.D. New York
DecidedJuly 28, 1993
DocketNo. CV 92-4113(RR)
StatusPublished
Cited by1 cases

This text of 833 F. Supp. 154 (Chin v. United States) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chin v. United States, 833 F. Supp. 154, 1993 U.S. Dist. LEXIS 13330, 1993 WL 376053 (E.D.N.Y. 1993).

Opinion

MEMORANDUM AND ORDER

RAGGI, District Judge:

Edward Chin, who was convicted in 1990 after a jury trial of two counts of transporting child pornography in foreign and interstate commerce, 18 U.S.C. § 2252(a)(1) (1988 & Supp. Ill 1991), and whose conviction was affirmed the following year by the Court of Appeals, United States v. Chin, 934 F.2d 393 (2d Cir.1991), now petitions this court to vacate his conviction pursuant to 28 U.S.C. § 2255 (1988). At trial, Chin had raised an entrapment defense. The critical issue in dispute was his predisposition to commit the crimes charged. Chin here contends that the [155]*155evidence adduced was insufficient as a matter of law to establish predisposition. Having carefully reviewed the submissions of the parties, and re-read the trial transcript, this court finds that Chin’s claim is without merit. The petition to vacate the conviction is denied.

Factual Background

The facts of this case are viewed in the light most favorable to the government, as they must be when a challenge is made to the sufficiency of the evidence supporting a jury verdict. See, e.g., Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 2789, 61 L.Ed.2d 560 (1979); United States v. Weiss, 930 F.2d 185, 191 (2d Cir.), cert. denied, — U.S.-, 112 S.Ct. 133, 116 L.Ed.2d 100 (1991).

The case arose, as do many child pornography prosecutions, out of an undercover investigation conducted by the United States Postal Service. In order to identify persons interested in sending or receiving child pornography through the mails, postal inspectors set up fictitious companies and pen pal clubs. Sometime in mid-1986, Edward Chin received a solicitation letter from one of these entities, Far Eastern Trading Company.1

As many of you know, much hysterical nonsense has appeared in the American media concerning “pornography” and what must be done to stop it from coming across your borders. This brief letter does not allow us to give much comments; however, why is your government spending millions of dollars to exercise international censorship while tons of drugs, which makes yours the world’s most crime ridden country are passed through easily. We have read the comments of Mr. Von Rabb of your Customs Service concerning the efforts of his agents to find “children’s pornography” and we find that many of you are denied a product because of that agency. After conversation with enlightened Americans, we have found that if material is given to your post without a Customs inspection, a search warrant must be gotten in order to open your mail.
For those of you who have enjoyed youthful material from publishers such as COQ, Color Climax, Rodox and others, we have devised a method of getting these to you without prying eyes of U.S. Customs seizing your mail. All material that you order from our company will be sent to you through our branch office in the U.S. Virgin Islands. After consultations with American solicitors, we have been advised that once we have posted our material through your system, it cannot be opened for any inspection without authorization of a judge.
If you want further information, please complete the following coupon and disclaimer and post it to the listed address.

Petitioner’s Mem. (App. D).

Mr. Chin, who was approximately 28-years of age at the time he received this letter, is a highly-intelligent man. He earned a Masters Degree in Business Administration from the Wharton School of Finance, and, at the time of trial, was director of large scale projects for the New York City Department of Housing Preservation and Development. By his own admission, his interest in pornography dated to his teenage years. Originally his purchases were limited to adult magazines, acquired in Times Square. By his later teens, however, he was fantasizing about female juveniles engaged in sexually explicit activity. Although Mr. Chin claimed at trial never to have purchased any child pornography before receiving the Far Eastern Trading Company letter, this testimony was contradicted by his own post-arrest statements admitting his 1984 acquisition in Italy of “Sweet Linda,” a child pornography magazine found in his briefcase at the time of his arrest. Chin’s passport confirmed a trip to Milan in July of 1984.2

At trial, Chin also admitted being sexually excited by the Far Eastern Trading Compa[156]*156ny letter, because it offered “something concrete” that related to his own fantasies. In June 1986, he responded to the solicitation, and, within a few weeks, he received a catalog graphically describing available child pornography and listing prices. Chin promptly ordered two magazines. When these items were not forthcoming, petitioner wrote “a number of letters” inquiring as to his order. Eventually, he received a letter from Far Eastern explaining that a shipment of their goods had been sunk near Panama. At trial, Chin stated that he was disappointed by this news: “I was very sad because ... I placed an order and I wasn’t going to get the order that I placed.” Trial Tr. at 149.

In the fall of 1986, postal inspectors directed another solicitation from a fictitious company, Candy’s Love Club, to petitioner.

Are you an individual who believes in the right to choose his own sexual preference? If so, then join the club! Take a few minutes and help us by answering the attached questionnaire. Do not identify yourself unless you desire to join the club and receive correspondence from us. Our purpose is to protect our first amendment right to read whatever we please. Help our common cause and let your voice be heard.
WE WANT SUPPORT NOT YOUR MONEY!
If our supplier of mailing lists made a mistake by including your name then please disregard this material.

Petitioner’s Mem. (App. F)'.

Chin accepted the invitation to join the club and returned a completed questionnaire. Of seventeen listed categories of sexual material, he identified his first and second areas of interest as (1) pre-teen heterosexual sex, and (2) heterosexual sex between children 13 to 16 years old. Chin further responded that he usually obtained material pertaining to his interests in Europe.

Thereafter, Chin received newsletters from the club, containing advertisements from persons interested in a variety of sexually explicit material, including child pornography.3 Petitioner responded to ten advertisements, indicating an interest in trading photographs, videos, or magazines of pre-teen and teenage girls.

In May of 1988, a postal inspector posing as one of the advertisers, “Ted from Med-ford,” began corresponding with Chin. His initial letter stated:

In response to your inquiry I have many hot photos of girl subjects both white and oriental, pre-teen and teen.

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Bluebook (online)
833 F. Supp. 154, 1993 U.S. Dist. LEXIS 13330, 1993 WL 376053, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chin-v-united-states-nyed-1993.