DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
081335P.pdf 10/20/2008 United States v. Graeme Pierson
U.S. Court of Appeals Case No: 08-1335
U.S. District Court for the Southern District of Iowa - Des Moines
[PUBLISHED] [Murphy, Author, with Arnold and Benton, Circuit Judges]
Criminal Case - conviction and sentence. Evidence was sufficient to
support conviction for attempted production of child pornography and
conviction for attempting to induce a child to engage in criminal sexual
activities. District court did not abuse its discretion in permitting Rule
404(b) evidence of prior conviction during cross-examination after
defendant testified, as district court performed appropriate Rule 403
balancing. Based on a review of the trial information, district court did
not err in concluding defendant's prior conviction for indecent contact
with a child satisfied the generic offense of abusive sexual contact and
thus qualified as a predicate offense for application of the Guidelines
section 4B1.5 enhancement and the mandatory minimum sentence under
18 U.S.C. sec. 2251(e)