United States Tenth Circuit

A conviction for knowingly possessing material that contained an image of child pornography that was produced using materials that had been mailed, shipped, or transported in interstate commerce is affirmed where: 1) the evidence was sufficient to show that the images of child pornography were "produced" using materials that had been mailed, shipped, or transported in interstate commerce; 2) the evidence was sufficient to support the conviction; 3) the district court did not reversibly err in admitting into evidence certain testimony regarding gender and homosexuality; and 4) the district court did not abuse its discretion by admitting into evidence images of child pornography, and related exhibits.

Appellate Information

• Decided 09/29/2008
• Published 09/30/2008

Judges

• BRISCOE, Circuit Judge., Before BRISCOE, SEYMOUR, and HARTZ, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Robert L. Wyatt, IV, Wyatt Law Office, Oklahoma City, OK, for Defendant-Appellant., Randal A. Sengel, Assistant U.S. Attorney (John C. Richter, United States Attorney, with him on the brief), Oklahoma City, OK, for Plaintiff-Appellee.