United States Seventh Circuit
US v. Ciesiolka, 09-2787
Conviction of defendant for knowingly attempting to persuade, induce, entice and coerce a minor to engage in sexual activity under 18 U.S.C. section 2422(b) is reversed and remanded for a new trial where: 1) the crime with which defendant was charged required the government to prove beyond a reasonable doubt that the defendant believed that the woman was under 18 and the district court improperly relieved the government of his burden by providing the jury with an ostrich instruction; and 2) the district court failed to explain its ruling that the four-factor test for introducing evidence of prior acts under Rule 404(b) was satisfied and the evidence introduced in unconstrained fashion was perhaps excessively prejudicial in light of its probative value.
Appellate Information
- Argued 04/21/2010
- Decided 07/26/2010
- Published 07/26/2010
Judges
Court
- United States Seventh Circuit