DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
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191584P.pdf 08/12/2020 United States v. Gregory Bartunek
U.S. Court of Appeals Case No: 19-1584
U.S. District Court for the District of Nebraska - Omaha
[PUBLISHED] [Colloton, Author, with Wollman and Benton, Circuit Judges]
Criminal case - Criminal law. In a prosecution for possession and
distribution of child pornography, the district court did not err in
permitting the government to introduce photos of child-size sex dolls
found in defendant's bedroom as the evidence was admissible under Rule
404(b) because it was relevant to rebut defendant's defense that someone
else had used his internet service to download the pornography and to
establish motive; no error in permitting the government to call a witness
who, as a minor, had viewed child pornography with defendant as the
testimony was admissible under Rule 414 to show defendant's sexual
interest in underage children; testimony from an investigator that he
received a tip in 2013 that defendant possessed child pornography, that he
went to defendant's home and while there saw a traffic cone in the
driveway labeled "CHIMO" was not so prejudicial as to require a mistrial,
as the court gave a limiting instruction that the line of testimony was
not evidence of a crime, and the reference to CHIMO (child molester) was
isolated and without explanation of its meaning or other comment; in any
event, the evidence of defendant's guilt was extensive.