United States Eighth Circuit

A conviction for production, receipt, and possession of child pornography is affirmed over claims that: 1) 18 U.S.C. section 2251 is unconstitutional due to an insufficient link with interstate commerce; 2) the district court erred by admitting evidence not charged in the indictment, as it was cumulative and its probative value was substantially outweighed by unfair prejudice; 3) testimony of a child abuse expert was irrelevant and prejudicial, its admission was error; and 4) the 750-year sentence was an abuse of discretion as the applicable statutory factors were not properly considered.

Appellate Information

• Decided 07/22/2008
• Published 07/22/2008

Judges

• BYE, Circuit Judge., Before BYE, GRUENDER, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Thomas Harold Shiah, argued, Kimberly K. Hall, on the brief, Minneapolis, MN, for appellant.


• For Appellees:
  
• Erica MacDonald, AUSA, argued, Minneapolis, MN, for appellee.