United States v. Petroske, No. 18-1572 (8th Cir. 2019)
Annotate this CaseThe Eighth Circuit affirmed defendant's sentence after he was convicted of eight counts of production or attempted production of child pornography and one count of possession of child pornography. The court held that the district court did not abuse its discretion in admitting the audio components of the videos defendant took because they were probative of his intent to produce lascivious footage and whether the videos on their face were of a sexual nature; the district court did not abuse its discretion in issuing jury instructions on finding lascivious exhibition; and the district court did not err by denying defendant's motions for acquittal and new trial.
Court Description: Erickson, Author, with Shepherd and Kobes, Circuit Judges] Criminal Case - Convictions. On appeal from convictions for production or attempted production of child pornography and possession of child pornography, Petroske argues the admission of the audio content of the videos was unfairly prejudicial, but district court did not abuse its discretion in admitting audio, as statements were probative of his intent to produce lascivious footage and whether the videos on their face were of a sexual nature; the district court did not abuse its discretion in issuing jury instruction as they fairly and adequately informed the jury on the applicable law; the district court did not err in denying motion for acquittal, as there was sufficient evidence for a jury to conclude Petroske attempted to produce child pornography and produced child pornography; and Petroske waived any challenge to introduction of evidence he presented himself, any error in admission was harmless and limiting instruction was sufficient to ensure no serious miscarriage of justice occurred.
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