Federal prosecutors are urging a judge to reject Michael Eloshway’s effort to overturn his conviction for child sexual abuse material offenses and his 121-month prison sentence. In court filings, they dispute his claim that his former lawyer provided inadequate representation and argue that he has not established a basis for a new review of the case.
Eloshway says his attorney should have hired a computer expert to examine the evidence. Prosecutors respond that he has not explained what such an expert would have found or how it could have changed the result. They also oppose his latest request for an expert to review the evidence, describing it as an unreasonable fishing expedition.
The government says Eloshway acknowledged that the files on his computer could contain child pornography and that investigators found more than 7,000 files containing child sexual abuse material. Eloshway previously argued that he had downloaded the material accidentally while searching for adult pornography on BitTorrent. His defense likened the downloads to receiving unwanted mail, but prosecutors say the jury heard and rejected that explanation.
Prosecutors also contend that Eloshway’s lawyer helped him receive a sentence below the level recommended by federal guidelines. They oppose his request for emails between his former attorney and prosecutors, saying Eloshway knowingly declined plea offers and the messages would not change the case’s outcome. The government is asking the judge to leave the conviction and sentence intact.
Eloshway appeared on the first season of “90 Day Fiancé” in 2014.
Sources: TMZ.