United States Seventh Circuit

In a prosecution of defendant for attempting to entice a minor to engage in sexual activity and for using the Internet to attempt to transfer obscene material to a minor, district court's exclusion of prosecution's Rule 413 evidence of two prior instances of similar conduct is reversed and remanded as the record creates doubt as to whether the district court fully appreciated the legal relation between Rules 413 and 403.

Appellate Information

• Argued 12/12/2008
• Decided 11/18/2009
• Published 11/18/2009

Judges

• WOOD, Circuit Judge., Before CUDAHY, FLAUM and WOOD, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Steven Dollear (argued), Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellant.


• For Appellees:
  
• Heather L. Winslow (argued), Chicago, IL, for Defendant-Appellee.