072326P.pdf   07/11/2008  United States  v.  Brian Street
   U.S. Court of Appeals Case No:  07-2326
   U.S. District Court for the Southern District of Iowa - Des Moines   
   [PUBLISHED] [Bye, Author, with Riley and Benton, Circuit Judges]
   Criminal case - criminal law and sentencing. District court did not err
   in denying defendant's request for an examination to determine whether
   one of the victims was mentally competent to testify; while emails
   between the victim and the defendant may have been relevant, the district
   court did not abuse its discretion in refusing to admit them as the court
   was attempting to strike a balance between defendant's need to present a
   defense and the need to limit the presentation of evidence containing
   gratuitous depictions of sex acts; no error in admitting evidence that
   defendant took sexually explicit photos of another victim; district court
   did not abuse its discretion in limiting evidence concerning victim's
   criminal acts as the evidence did not bear on the issue of defendant's
   motives for creating sexually explicit photos of the victim; instructions on
   a minor's ability to consent were not erroneous; evidence was sufficient
   to support conviction for sexual exploitation of a minor and possession of
   child pornography; enhancements under Guidelines Secs. 2G2.1(b)(4)
   and (5) affirmed.