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.