United States Seventh Circuit

Conviction of defendant for production, possession, and receipt of child pornography is affirmed where: 1) although the district court erred in admitting evidence of defendant's prior sexual assault, the error was harmless as defendant's status as a sex offender was already before the jury and thus, the likelihood that the prior bad act testimony from the witness had any effect on the jury is negligible; 2) defendant has failed to establish that the instructions were plainly erroneous as the evidence of defendant's guilt was overwhelming, and he has not established that the jury's consideration of his prior offense had an appreciable impact on the verdict; and 3) defendant's claim of cumulative error fails as there was abundant evidence of defendant's guilt.

Appellate Information

• Argued 10/29/2010
• Decided 01/13/2011
• Published 01/13/2011

Judges

• KANNE

Court

• United States Seventh Circuit

Counsel