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United States v. Caldwell

The trial court did not abuse its discretion when it allowed the jury to see small segments of child pornography found on the defendant's computer. While the adult pornography is a closer call, given the abuse of discretion standard, the Appellate Court affords the lower court some discretion in it's evidentiary ruling. 5th U.S. Circuit Court of Appeals, No. 08-50804, 10-26-2009

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Published opinion

Before GARWOOD, OWEN, and SOUTHWICK, Circuit Judges.

Defendant-appellant, Arkon Christopher Caldwell, appeals his convictions of one count of knowing possession, on or about November 7, 2005, of material transported in interstate commerce involving the sexual exploitation of minors, in violation of 18 U.S.C. § 2252(a)(4)(B), (b)(2), and of one count of the knowing receipt, from on or about February 4, 2005, to on or about November 7, 2005, of materials transported in interstate commerce involving the sexual exploitation of minors, in violation of 18 U.S.C. § 2252(a)(2), (b)(1). He raises three issues before this court. First, Caldwell argues that the trial court abused its discretion when it allowed the prosecution to display to the jury brief excerpts of two videos depicting child pornography, already admitted into evidence, over the defendant’s Rule 403 objection. Second, he complains that the trial court allowed the prosecution to display to the jury brief excerpts of two videos depicting adult bestiality, already admitted into evidence, also over the defendant’s Rule 403 objection. Third, Caldwell complains the trial court committed plain error in allowing certain unobjected to testimony of a witness for the United States. He urges this court to hold this testimony resulted from prosecutorial misconduct. For the reasons stated below, we affirm Caldwell’s conviction.

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