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Defendant appealed from his conviction for transportation and receipt of child pornography. On appeal, defendant challenged the district court’s admission of independently obtained child pornography and charts summarizing materials obtained during the investigation.
Where the evidence shown to the jury was not overly prejudicial and was necessary to summarize voluminous materials, the district court properly admitted the evidence.
Kobes, J., concurring in part and concurring in the judgment: “The district court specifically instructed the jury to consider the images as evidence of “the defendant’s interest in young girls and the motivation for committing [his] crimes.” This is the same as evidence showing a defendant’s “inherent tendency” or “predisposition” to possess child pornography.”
Judgment is affirmed.
U.S. v. Fechner (MLW No. 74690/Case No. 18-3711 – 13 pages) (U.S. Court of Appeals, 8th Circuit, Erickson, J.) Appealed from U.S. District Court, Southern District of Iowa, Jarvey, J. (Heather Quick, AFPD, of Cedar Rapids, IA, for appellant) (Marc Krickbaum, AUSA, of Des Moines, IA , for appellee)
