United States v. Naidoo, No. 20-60730 (5th Cir. 2021)Annotate this Case
Defendant was convicted of three counts of possession of child pornography. The Fifth Circuit vacated defendant's Count Two conviction and sentence under 18 U.S.C. 2252(a)(4)(B) and (b)(2), and modified the district court's judgment to impose only a $200 special assessment and a $10,000 assessment under the Justice for Victims of Trafficking Act. The court affirmed in all other respects. In this case, the court could not say that the district court's decision to exclude the relevant expert testimony was manifestly erroneous; the district court did not abuse its discretion by admitting into evidence the images and video clips of child pornography; and the district court did not abuse its discretion by admitting the two pornographic narratives. Finally, the court rejected claims of instructional error.