United States Eighth Circuit

Conviction and sentence for production, distribution and possession of child pornography is affirmed where: 1) the district court properly denied defendant's motion for acquittal, as a reasonable jury could have concluded that at least one of the photographs depicted sexually explicit conduct; 2) the court did not err in excluding testimony as to whether defendant was a pedophile, as his motive in producing, distributing and possessing the photos is irrelevant; 3) the court did not err in denying defendant an adjustment for acceptance of responsibility, as defendant used his trial to challenge his factual guilt; and 4) defendant's sentence was reasonable.

Appellate Information

• Decided 06/09/2009
• Published 06/09/2009

Judges

• SMITH, Circuit Judge., Before RILEY, SMITH, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Angela L. Campbell, argued, Des Moines, IA, for appellant.


• For Appellees:
  
• John S. Courter, AUSA, argued, Des Moines, IA, for appellee.