United States Ninth Circuit

Conviction on two counts of knowingly receiving visual depictions of minors engaged in sexually explicit conduct in violation of 18 U.S.C. section 2252(a)(2) is affirmed, where: 1) the probative value of uncharged-video evidence admitted under Fed. R. Evid. 404(b) outweighed the danger of unfair prejudice, and a limiting instruction at the close of the evidence was sufficient; and 2) the circumstantial evidence of the defendant's knowledge was sufficient to support the verdict, even though there was no direct evidence that he had downloaded or watched the files.

Appellate Information

• Decided 09/04/2014
• Published 09/04/2014

Judges

• Murguia

Court

• United States Ninth Circuit

Counsel