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Friday, September 04, 2009
Ind. Decisions - 7th Circuit decides one Indiana case today
In U.S. v. Noel (SD Ind., Judge Tinder), a 44-page opinion, Judge Kanne writes:
Dick Noel was charged with producing and possessing child pornography in violation of 18 U.S.C. §§ 2251(a) and 2252(a)(4)(B). A jury found Noel guilty on all counts, and on June 1, 2007, the district court sentenced Noel to eighty years’ imprisonment to be followed by a lifetime of supervised release. Noel now appeals his conviction, arguing that (1) the district court erred in allowing Indiana State Police Detective Jennifer Barnes to testify that certain images in evidence met the federal definition of child pornography, and (2) the court’s jury instruction regarding the definition of a “lascivious exhibition of the genitals,” which was derived from United States v. Dost, 636 F. Supp. 828, 832 (S.D. Cal. 1986), was confusing to the jury. Noel also claims that his sentence was unreasonable and that the district judge failed to personally address him and offer him the opportunity to allocute. Although we find the government’s approach in submitting certain evidence at trial troubling, none of the errors below require reversal of Noel’s conviction or sentence.
Posted by Marcia Oddi on September 4, 2009 12:27 PM
Posted to Ind. (7th Cir.) Decisions