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.
102625P.pdf 08/10/2011 United States v. Jimmie Coutentos
U.S. Court of Appeals Case No: 10-2625
U.S. District Court for the Northern District of Iowa - Cedar Rapids
[PUBLISHED] [Wollman, Author, with Riley, Chief Judge, and Kyle,
District Judge]
Criminal case - criminal law. Claim that trial counsel rendered
ineffective assistance of counsel by failing to timely raise a statute-of-
limitations defense to possession of child pornography was fully
developed for purposes of review and would be considered on direct
appeal; counsel's failure to raise the defense on the possession count fell
below an objective standard of reasonableness; the failure affected the
outcome of the case since there was a reasonable likelihood that assertion
of the defense would have led to dismissal of the charge; as a result, the
conviction and sentence for possession of child pornography must be
vacated; admission under Rule 414 of evidence of an uncharged incident
of sexual abuse was not error, and Rule 414 does not violate the Due
Process Clause; no error in refusing to admit defendant's expert's
testimony regarding memory as it had little probative value and was within
the ken of lay people; claim of prosecutorial misconduct rejected as the
comments did not constitute improper vouching; evidence was sufficient
to support conviction for production of child pornography.