U.S. v. Kawleski

Defendant was found guilty of producing and possessing child pornography and in a post-trial motion filed prior to sentencing argued that newly discovered evidence impeached the credibility of one of the prosecution’s witnesses. Defendant asked the district court to order a new trial. The district court denied the motion and defendant appealed. The Seventh Circuit affirmed, finding the district court did not err because the evidence, which consisted of statements made by witnesses after the trial, would not have changed the outcome of the trial and defendant’s theory as to their potential impact was undermined by the evidence. (SCUDDER and JACKSON-AKIWUMI, concurring)