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United States Eighth Circuit


US v. McCloud, 09-1520

Defendant's child pornography conviction is affirmed where: 1) defendant's own testimony supplied the allegedly "missing" element of whether he actually photographed one victim; 2) the district court's preclusion of a reasonable-mistake-of-age defense did not violate defendant's right to due process; and 3) sufficient evidence existed from which a jury could find that defendant produced child pornography with materials that had traveled in interstate commerce.

Appellate Information

  • Decided 12/29/2009
  • Published 12/29/2009

Judges

  • SMITH, Circuit Judge., Before BYE, ARNOLD, and SMITH, Circuit Judges.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • Julie L. Brothers, argued, Daniel Allan Juengel, on the brief, St. Louis, MO, for appellant.

  • For Appellees:
  • Caroline Costantin, AUSA, argued, St. Louis, MO, for appellee.
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