New trial is likely, federal judge says.
The Internet entrepreneur faces up to 10 years in prison. Naughton's conviction was thrown into question Friday, however, when the 9th Circuit Court of Appeals in San Francisco, ruling in a separate case, overturned portions of the Child Pornography Prevention Act. Rafeedie had earlier said he would not release Naughton because the appeals court decision did not apply to the facts in the Naughton case. He added that Naughton's lawyers never contested that the material he possessed showed real children in sexual situations. Indeed, an expert witness testified during the trial that three images depicted two real children, aged 8 and 9.