U.S. v. Al-Awadi

In prosecution on charges of sexual exploitation of minor through production of child pornography and attempted production of child pornography arising out of incident in which defendant took pictures of vagina of 4-year old victim, Dist. Ct. did not err in admitting testimony that defendant had digitally penetrated vagina of victim at some point during incident, even though said misconduct had not been alleged in instant charges. Evidence of instant molestation was admissible to counter defendant's claim that had taken pictures without sexually motivated intent. Moreover, Dist. Ct. could properly allow several witnesses to testify regarding said molestation, where each witness added different meaningful piece of information regarding said incident. Also, Dist. Ct. did not commit clear error in giving pattern instruction that told jury that it was required to decide as initial matter whether defendant “more likely than not” had committed uncharged molestation before using said evidence to determine defendant’s intent to produce child pornography, since: (1) “more likely than not” language in instruction did not direct jury to find that intent element of charged offenses was satisfied by preponderance of evidence standard; and (2) other instructions directed jury to find intent element of charged offenses under reasonable doubt standard.