U.S. v. Foley

Federal 7th Circuit Court
Criminal Court
Reasonable Doubt
Citation
Case Number: 
No. 13-1386
Decision Date: 
January 22, 2014
Federal District: 
E.D. Wisc.
Holding: 
Affirmed
Record contained sufficient evidence to support defendant’s convictions on producing child pornography charges, even though defendant argued that govt. failed to satisfy commerce element. Govt. established that defendant’s two computer hard drives that stored child pornography images were manufactured in Thailand and China, which was sufficient to satisfy commerce element of charged offenses. Moreover, Ct. rejected defendant’s claim that commerce element could only be satisfied by showing that camera, which had generated child pornography images, traveled in interstate commerce. Dist. Ct. also did not err in admitting under Rule 413 testimony regarding uncharged sexual molestation of minor, where defendant’s charged child pornography offenses involved molestation of different minor, and where Rule 413 allows testimony of earlier sexual assault to show defendant’s propensity to commit instant charged offenses.