071881P.pdf   03/05/2009  United States  v.  Jason Inman
   U.S. Court of Appeals Case No:  07-1881
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Colloton, Author, with Shepherd, Circuit Judge, and
   Erickson, District Judge]
   Criminal case - criminal law. Actions of defendant's co-workers in
   searching his computer were the acts of private citizens and were not
   subject to the Fourth Amendment; where a statutory element of an
   offense is included in the indictment but erroneously omitted from the
   instructions given the jury, and the evidence is insufficient to establish
   the unobjected-to element used instead, the conviction may be affirmed
   against a sufficiency of the evidence challenge where the evidence is so
   overwhelming or incontrovertible that there is no reasonable doubt that
   any rational jury would have found the government proved the statutory
   element; here, while the actual jurisdictional element of 18 U.S.C. Sec.
   2252(a)(5)(B) was not charged to the jury, defendant's conviction must
   be upheld because there is no reasonable doubt that the items defendant
   used to produce the pornography - his hard drive and DVDs - traveled in
   interstate commerce as the evidence produced at trial showed the DVDs
   and the drive were produced outside Missouri.