United States v. Gomez-Diaz, No. 18-1001 (8th Cir. 2018)Annotate this Case
Defendant appealed his conviction and sentence for producing child pornography. The Eighth Circuit held that the district court did not err in denying defendant's request for an instruction on the lesser-included offense of possession of child pornography; the district court did not abuse its discretion when it denied defendant's motion for a mistrial where the prosecutor told the jury in closing argument that the jury was the "voice" for the victim, because the improper comments were not so prejudicial as to deprive defendant of a fair trial; but the district court erred by imposing an obstruction of justice enhancement under USSC 3C1.1. Accordingly, the court remanded for resentencing.