181001P.pdf   12/28/2018  United States  v.  Eliseo Gomez-Diaz
   U.S. Court of Appeals Case No:  18-1001
   U.S. District Court for the District of Minnesota - St. Paul   
   [PUBLISHED] [Kelly, Author, with Shepherd and Stras, Circuit Judges] 
   Criminal case - Criminal law and sentencing. In this prosecution, the 
   district court did not err in denying defendant's request for an 
   instruction on the lesser-included offense of possession of child 
   pornography as possession includes an element - possession - not included 
   in production; the district court did not abuse its discretion in denying 
   defendant's request for a mistrial after the prosecutor told the jury in 
   closing argument that the jury was the "voice" for the victim; while the 
   comments were improper, the court could not say that the limited improper 
   comments were so prejudicial that they deprived defendant of a fair trial; 
   in the absence of any findings concerning obstruction of justice, the 
   district court erred in imposing an obstruction-of-justice enhancement 
   under Guidelines Sec. 3C1.1; remanded to the district court for 
   resentencing. Judge Shepherd, concurring in part and dissenting in part.