United States Eighth Circuit

Conviction and sentence for sexual exploitation of a child and distribution and possession of child pornography are affirmed where the district court did not err in: 1) granting the government's motion in limine to bar defendant from presenting evidence related to two state court convictions; 2) excluding evidence of consent since it was correct as a matter of law that consent is not a defense to the crimes charged; 3) giving jury instruction concerning consent; 4) denying defendant's motion for acquittal since the evidence was sufficient to permit a rational jury to find beyond a reasonable doubt that one of defendant's dominant purposes was to produce sexually explicit images; 5) refusing to grant a new trial since there was no error in the district court's decision to exclude the evidence; 6) adding sentencing enhancements; and 7) the sentence was not objectively unreasonable.

Appellate Information

• Decided 02/11/2009
• Published 02/11/2009

Judges

• JOHN R. GIBSON, Circuit Judge., Before LOKEN, Chief Judge, JOHN R. GIBSON, and MELLOY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Anne M. Laverty, argued, Cedar Rapids, IA, for appellant.


• For Appellees:
  
• Timothy T. Duax, AUSA, argued, Sioux City, IA, for appellee.