U.S. v. Ciesiolka

In prosecution on charge of attempting to persuade or entice minor to engage in sexual activity based on attempted on-line sting perpetrated by adult female officer, Dist. Ct. erred in giving jury ostrich instruction where defendant's knowledge of real truth about agent of police officer impersonating minor would actually exonerate defendant from charged offense. Moreover, instruction was improper where record otherwise indicated that defendant had attempted to ascertain age of officer, who gave conflicting signals as to her true age. Dist. Ct. also erred in permitting govt. to present large quantity of evidence of uncharged conduct involving images of child pornography and defendant's conversation with other individuals, which posed substantial risk of unfair prejudice.