181572P.pdf   07/02/2019  United States  v.  Kevin James Petroske
   U.S. Court of Appeals Case No:  18-1572
   U.S. District Court for the District of Minnesota - St. Paul   
   [PUBLISHED] [Erickson, Author, with Shepherd and Kobes, Circuit Judges] 
   Criminal Case - Convictions. On appeal from convictions for production or 
   attempted production of child pornography and possession of child 
   pornography, Petroske argues the admission of the audio content of the 
   videos was unfairly prejudicial, but district court did not abuse its 
   discretion in admitting audio, as statements were probative of his intent 
   to produce lascivious footage and whether the videos on their face were of 
   a sexual nature; the district court did not abuse its discretion in 
   issuing jury instruction as they fairly and adequately informed the jury 
   on the applicable law; the district court did not err in denying motion 
   for acquittal, as there was sufficient evidence for a jury to conclude 
   Petroske attempted to produce child pornography and produced child 
   pornography; and Petroske waived any challenge to introduction of evidence 
   he presented himself, any error in admission was harmless and limiting 
   instruction was sufficient to ensure no serious miscarriage of justice 
   occurred.