122276P.pdf   06/17/2013  United States  v.  Dustin Worthey
   U.S. Court of Appeals Case No:  12-2276
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
   [PUBLISHED] [Wollman, Author, with Gruender and Shepherd, Circuit Judges]
   Criminal Case - conviction and sentence. District court 
   did not abuse its discretion in denying motion for change of venue, having 
   considered Rule 18 factors and determined that security concerns outweighed 
   inconvenience. Evidence was sufficient to establish defendant was the 
   person who downloaded the child pornography found on the laptop in his 
   residence, and to establish that the files were knowingly downloaded and 
   save in the laptop's permanent memory and thus the district court did not 
   err in denying motions for judgment of acquittal and for a new trial. The 
   district court did not abuse its discretion when it admitted video clips to 
   the jury over the defendant's offer to stipulate to their content and no 
   unfair prejudice was evident. Defendant's argument that the district court 
   was required to apply the clear-and-convincing- evidence standard at 
   sentencing fails; record supports a pattern of sexually abusing his minor 
   stepchildren, and district court did not err in applying five-level 
   enhancement. Sentence of 180 months, a substantial downward variance, was 
   not an abuse of discretion. Judge Shepherd concurs.