United States v. Burch, No. 14-3649 (8th Cir. 2016)
Annotate this CaseDefendant was found guilty of possession of child pornography and subsequently appealed his conviction and sentence of 120 months' imprisonment. The court concluded that the district court did not abuse its discretion in admitting an e-mail from the victim to defendant as non-hearsay under F.R.E. 801(d)(1)(B)(i); the district court did not plainly err by allowing the victim to testify about the content of the victim's written statement because any error was harmless; the evidence was sufficient to convict defendant of child pornography; the district court did not err by applying a cross-reference in U.S.S.G. 2G2.2(c)(1); and the sentence was substantively reasonable. Accordingly, the court affirmed the judgment.
Court Description: Bright, Author, with Wollman and Colloton, Circuit Judges] Criminal case - Criminal law and sentencing. No error in admitting an email as non-hearsay under Rule 801(d)(1)(B)(i); any error in admitting oral testimony about a written statement was harmless in light of the other evidence in the case supporting defendant's conviction; evidence was sufficient to support defendant's possession of child pornography conviction; no error in applying the cross-reference in Guidelines Sec. 2G2.2(c)(1); sentence was not substantively unreasonable.
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