United States Fifth Circuit

Defendant's child pornography conviction is affirmed where: 1) the trial court did not abuse its discretion when it showed the jury three short excerpts from three of the seventeen different videos at issue; 2) the district court did not err in allowing the jury to see the brief excerpt of the non-child pornography video found downloading as the search of defendant's home occurred; and 3) an employee of the company that designed the file-sharing software used by defendant did not give improper expert testimony.

Appellate Information

• Decided 10/27/2009
• Published 10/27/2009

Judges

• GARWOOD, Circuit Judge:, Before GARWOOD, OWEN and SOUTHWICK, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Joseph H. Gay, Jr., Asst. U.S. Atty., Elizabeth Berenguer (argued), San Antonio, TX, for U.S., Mary Stillinger (argued), El Paso, TX, for Caldwell.