United States Tenth Circuit

Defendant's child pornography possession conviction is affirmed where: 1) the district court did not abuse its discretion in denying defendant's funding request to retain an expert because the district court never actually denied a funding request; 2) in light of the brevity of the judge's absence during defendant's closing argument, as well as the strength of the government's case, defendant did not establish a reasonable probability that, but for the judge's absence, the jury would not have convicted him; and 3) trial commenced well within the 70-day limit established by the Speedy Trial Act.

Appellate Information

• Decided 02/17/2010
• Published 02/17/2010

Judges

• TACHA, Circuit Judge., Before TACHA, SEYMOUR, and LUCERO, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Megan L. Hayes, Laramie, WY, appearing for Appellant.


• For Appellees:
  
• James C. Anderson, Assistant United States Attorney (Kelly H. Rankin, United States Attorney, with him on the brief), Office of the United States Attorney for the District of Wyoming, Cheyenne, WY, appearing for Appellee.