U.S. v. McKibbins

In prosecution on charges of attempt to entice minor to engage in sexual activity and obstruction of justice based on defendant’s attempt to have others destroy his electronics with intent to deprive govt. of its use, Dist. Ct. did not commit reversible error in admitting series of four photographs of suspected child pornography and over 150 profile pictures of young women. While said evidence was potentially admissible with respect to instant obstruction charge since said images were located either on defendant’s computer or storage disks that defendant had attempted to have others hide prior to govt. execution of search warrant, Dist. Ct. should have conducted weighing exercise to determine whether said evidence was unfairly prejudicial. However, any error was harmless given telephone calls from defendant seeking to have his computer and storage disks removed from his home, as well as instant messages, defendant's own video and police surveillance of defendant that established defendant’s conversations with purported minor and his travel to agreed upon location for purpose of having sex.