121164P.pdf   11/26/2012  United States  v.  Scott Boyle
   U.S. Court of Appeals Case No:  12-1164
   U.S. District Court for the District of North Dakota - Fargo   
   [PUBLISHED] [Colloton, Author, with Riley, Chief Judge, and Beam,
   Circuit Judge]
   Criminal case - Criminal law. Assuming the instructions did not inform
   the jury to exclude the still images charged in dismissed count one from
   their consideration of count two charging production of a videotape of child
   pornography, the alleged shortcoming in the instruction did not require
   setting aside the conviction; claim that defendant was subjected to double
   jeopardy because the conviction in count two was premised on conduct
   charged in the dismissed count one is rejected; decision to turn off the
   public gallery monitor when the tape was played was not plain error;
   evidence was sufficient to support defendant's conviction for sexual
   exploitation of a minor and possession of materials depicting sexual
   exploitation.