United States v. Grauer, No. 11-3852 (8th Cir. 2012)
Annotate this CaseDefendant was convicted of attempted enticement of a minor to engage in illicit sexual activity and possession of child pornography. Defendant appealed his conviction and sentence. The court affirmed and held that there was no prosecutorial misconduct in cross examining a defense expert and in rebuttal closing argument that deprived him of a fair trial; there was sufficient evidence to convict him of possessing child pornography; and there was no error in calculating the advisory guidelines range for the attempted enticement count, namely, imposing the two-level enhancement for misrepresenting his identity authorized in U.S.S.G. 2G1.3(B)(2).
Court Description: Criminal case - Criminal law and sentencing. Cross-examination of defendant's expert on internet chat rooms covered an area that was highly probative and was properly permitted; prosecutor's closing argument was a fair comment on the trial evidence; evidence was sufficient to support defendant's conviction for possession of child pornography; no error in imposing an enhancement under Guidelines Sec. 2G1.3(b)(2)(A) where defendant misrepresented his age and other information in his chats with the victim.
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