United States v. Huether, No. 11-1964 (8th Cir. 2012)Annotate this Case
Defendant was convicted of receipt and possession of materials involving the sexual exploitation of minors. Defendant subsequently appealed. The court held that the record supported the district court's decision declining to suppress the evidence and the record showed that defendant, without hesitation, answered the questions relating to the materials in his computer; the district court did not err in admitting to agents' testimonies; and the district court did not abuse its discretion in admitting expert testimony regarding the interstate commerce element of saved images and videos on computer hard drives. The court held, however, that the district court failed to properly instruct the jury and violated defendant's Fifth Amendment rights under the Double Jeopardy Clause. Therefore, the court determined it proper to have the district court vacate one of defendant's convictions.