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United States Eighth Circuit


US v. Kain, 08-3396

Defendant's child pornography conviction is affirmed where: 1) the evidence was sufficient for the district court to reasonably find, beyond a reasonable doubt, that defendant knowingly possessed the images of child pornography found on his computer; 2) the evidence was more than sufficient to support the district court's finding that the images depicted real minors; and 3) the district court reasonably found that one or more of the twenty-seven images depicted sexually explicit conduct, and that defendant knew that fact based on his knowing possession of the images and his admissions when arrested.

Appellate Information

  • Decided 12/22/2009
  • Published 12/22/2009

Judges

  • LOKEN, Chief Judge., Before LOKEN, Chief Judge, WOLLMAN and SHEPHERD, Circuit Judges.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • Frank K. Carlson, Sarah K. Tupper, Union, MO, for appellant.

  • For Appellees:
  • Tiffany G. Becker, AUSA, St. Louis, MO, for appellee.
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