U.S. v. Donoho

Record contained sufficient evidence to support jury’s guilty verdict on charges of production and attempted production of child pornography that stemmed from defendant’s possession of videos and pictures that he had created with his cameras of nude minor girls in various sexually-related poses that included pictures of girls’ breasts, vagina and anus. Dist. Ct. did not err in rejecting defendant’s proposed jury instruction that would permit conviction only if government had shown that defendant “caused” minor to engage in sexually explicit conduct and instead instructing jury that defendant could be convicted if evidence showed that defendant “used” minor to engage in sexually explicit conduct for purpose of producing visual depiction of that conduct. Moreover, Dist. Ct. did not err in giving jury instruction on meaning of “lascivious exhibition” that allowed jury to consider defendant’s intent in creating charged images, as opposed to requiring showing that charged images depicted conduct connoting sex acts with minors.