United States v. Worthey, No. 12-2276 (8th Cir. 2013)Annotate this Case
Defendant appealed his conviction for receiving child pornography and possessing child pornography. The court concluded that the district court did not err in denying defendant's motion for a change of venue where the district court considered Rule 18 factors and where the security concerns from holding the trial in Jonesboro outweighed the inconvenience of holding the trial in Little Rock; the district court did not err in denying defendant's motion for judgment of acquittal and motion for a new trial where the evidence found on the laptop was sufficient to establish that defendant was the person who downloaded the child pornography and that the files containing child pornography were knowingly downloaded and saved in the laptop's permanent memory; there was no unfair prejudice in the publication of the video clips at issue to the jury; there was no error in applying a five-level enhancement; and the district court did not abuse its discretion in refusing to vary even further downward.