United States Ninth Circuit
US v. Curtin, 04-10632
A conviction for traveling across state lines with intent to engage in a sexual act with a minor, and for using an interstate facility to attempt to persuade a minor to engage in sexual acts, is reversed and remanded for a new trial where the district court abused its discretion in its Federal Rule of Evidence 403 review of certain lewd stories describing sexual acts between adults and children, which were in defendant's immediate possession when he was arrested.
Appellate Information
- Argued 10/03/2006
- Decided 05/24/2007
- Published 05/24/2007
Judges
- Before: MARY M. SCHROEDER, Chief Judge, and J. CLIFFORD WALLACE, HARRY PREGERSON, ALEX KOZINSKI, STEPHEN S. TROTT, PAMELA ANN RYMER, ANDREW J. KLEINFELD, SIDNEY R. THOMAS, BARRY G. SILVERMAN, SUSAN P. GRABER, M. MARGARET McKEOWN, KIM McLANE WARDLAW, MARSHA S. BERZON, JAY S. BYBEE, CONSUELO M. CALLAHAN, Circuit Judges.
Court
- United States Ninth Circuit
Counsel
- For Appellees:
- Cal J. Potter, III, Potter Law Offices, Las Vegas, NV, for the defendant-appellant., Nancy J. Koppe, Assistant United States Attorney, and Robert L. Ellman, Appellate Chief, United States Attorneys' Office, Las Vegas, NV, for the plaintiff-appellee.