U.S. v. Roux

In prosecution on charge of inducing minor to create sexually explicit images, Dist. Ct. did not err in admitting evidence that defendant had sexually abused two of victim’s sisters. Said evidence was admissible under Rule 404(b) to establish defendant’s motive to commit charged offense and to rebut defendant’s claim that he had never taken subject photographs or engaged in sexual abuse of victim. Fact that proffered evidence did not involve creation of sexually explicit photographs did not require different result since said evidence was relevant to establish defendant’s sexual interest in under-aged girls. Dist. Ct. also did not err in admitting defendant’s booking photographs to establish similarity of defendant’s appearance at time of arrest to male figure depicted in photographs, where said pictures could explain defendant’s recent weight loss, and where photographs failed to contain any formal indicia demonstrating that pictures were jailhouse booking photographs.