United States v. McGee, No. 15-30280 (5th Cir. 2016)Annotate this Case
Defendant appealed his conviction for attempted production of child pornography. The court need not and does not decide whether defendant properly preserved his objection to the sufficiency of the evidence because the court concluded that his challenge fails even under the less deferential standard of de novo review. In this case, the jury had sufficient evidence to infer that defendant sought to encourage the victim to take and send newly-created pictures of his genitalia, which would satisfy the statute. Therefore, there was sufficient evidence to convict defendant. Even assuming that the FBI agent's testimony stating that defendant sexually exploited children was impermissible, defendant failed to show plain error. Accordingly, the court affirmed the judgment.