061018P.pdf   11/24/2006  United States  v.  Michael McCourt
   U.S. Court of Appeals Case No:  06-1018
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Gruender, Author, with Loken, Chief Judge, and Beam,
   Circuit Judge]
   Criminal case - Criminal law and sentencing. District court did not err
   in permitting the government to introduce seven three-second child
   pornography video clips seized from defendant's computer, as the
   introduction of the videos did not constitute unfair prejudice;
   government's failure to reveal last-minute change in its expert's
   conclusions did not violate defendant's substantial rights, especially
   where the expert's mistakes had been discovered and pointed out by
   defendant's expert before trial; district court did not err in refusing
   to give defendant's theory-of-defense instruction as it duplicated the
   instructions given on the elements of the offense; claim that application
   of the remedial portion of Booker is an ex post facto violation or a
   denial of due process rejected.