Hardcore counsel plan to appeal his conviction on seven points, including the argument that federal obscenity laws violate the right to sexual privacy and are "unworkable when applied on the Internet," according to a motion made Thursday.
Attorneys also said that U.S. District Judge Susan Bucklew, who presided over the trial, erred when she allowed prosecutors to present excerpts of videos in question, rather than the entire films and that she erred again when she wouldn't let the defense play the all of the films.
Hardcore attorneys also said that Bucklew formed her own conclusion about Little's guilt before the prosecution was finished presenting its case.
Hardcore— whose real name is Paul F. Little — received a sentence of 46 months in prison and fines of more than $1.4 million.
The Justice Department’s Child Exploitation and Obscenity Section originally charged Hardcore for mailing 10 adult DVDs to central Florida, as well as operating a website that earned about $1.18 million in revenue in 2005 and 2006.
Two weeks ago, at the Free Speech Coalition benefit at Universal City, Calif., Hardcore told XBIZ that he will be relentless when it comes to appealing his conviction.
“I will challenge every point in this case,” Hardcore said. “I do not plan to spend 46 months in prison; I do not plan to spend 46 seconds there.”