Friday, October 03, 2014

U.S. v. Nance, 2014 WL 4695068 (9/23/14) (OK) - Mr. Nance was convicted of multiple counts of transporting child pornography and receiving or attempting to receive child pornography. He argued that; 1) the district court erred in admitting evidence of his uncharged bad acts under Federal Rule of Evidence 404(b)(2); and 2) there was insufficient evidence for a jury to find that he attempted to receive child pornography. The 10th affirmed his conviction because; 1) the trial court gave a limiting instruction to which Mr. Nance did not object and he could have - but didn’t - ask for this instruction each time the bad act evidence was allowed; and 2) the government was not required to prove that Mr. Nance knew that the downloaded file contained child porn - rather it had to prove that he believed the file contained child porn, which it did.