U.S. v. Norweathers

Federal 7th Circuit Court
Criminal Court
Evidence
Citation
Case Number: 
No. 17-1311
Decision Date: 
July 10, 2018
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed

In prosecution on transporting and possessing child pornography charges, Dist. Ct. did not err in admitting uncharged emails between defendant and third-party that discussed plaintiff’s sexual proclivity for young children, even though defendant argued that such emails were too prejudicial, since they showed propensity to commit uncharged offense. At time Dist. Ct. admitted said emails, it was reasonable to assume that defendant’s defenses were based on issues of identity and intent, and instant uncharged emails had relevance on both issues without leading to propensity inference, especially where, because of substance contained within instant uncharged emails, it would make it more likely that defendant and not someone else used same email account to send emails containing images of child pornography at issue in charged offenses.