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.
141707P.pdf 09/18/2015 United States v. Robert Carey Evans
U.S. Court of Appeals Case No: 14-1707
and No: 14-3112
U.S. District Court for the District of North Dakota - Fargo
[PUBLISHED] [Kelly, Author, with Loken and Bye, Circuit Judges]
Criminal case - Criminal law. No error in playing a limited number of
video clips and showing a limited number of images even though defendant
stipulated all of the images contained child pornography as defendant has
failed to show the display of the images was unfairly prejudicial; while
the district court erred in concluding defendant opened the door to
admission of stories found on his computer and media which described adult
males having sex with children by asserting he did not know the images and
the videos were on his computers and media, the error was harmless as the
jury never heard the content of the stories, the reference was brief, the
matter was not commented on his closing argument and there was other
properly-admitted evidence showing defendant knowingly possessed child
pornography; some of the images defendant possessed were from the "Vicky"
series of child pornography and the district court did not err in awarding
her restitution in the amount of $3,250 after considering the Paroline
factors, see Paroline v. U.S., 134 S. ct 1710 (2014).