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181139P.pdf   01/28/2019  United States  v.  Chavez Spotted Horse
   U.S. Court of Appeals Case No:  18-1139
   U.S. District Court for the District of South Dakota - Aberdeen   
[PUBLISHED] [Erickson, Author, with Loken, Circuit Judge, and Magnuson, District Judge] Criminal case - Criminal law. The district court did not abuse its discretion by permitting the government's expert to inform the jury that she reviewed the transcript of defendant's interview with law enforcement; single mention by the prosecution that defendant had hired an expert did not affect his substantial rights or affect the integrity or fairness of the trial; government expert's testimony regarding the age of the child depicted in a pornographic image was not outside the scope of the government's Rule 16 notice as the notice included expert testimony regarding the expert's knowledge of law enforcement utilization of the National Center of Missing and Exploited Children information about known child pornography series; a juror's emotional reaction to seeing images of child pornography does not render the juror unable to be fair and impartial, and the record is devoid of any evidence that the juror impacted by the images was unable to be fair or impartial.