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191584P.pdf   08/12/2020  United States  v.  Gregory Bartunek
   U.S. Court of Appeals Case No:  19-1584
   U.S. District Court for the District of Nebraska - Omaha   
[PUBLISHED] [Colloton, Author, with Wollman and Benton, Circuit Judges] Criminal case - Criminal law. In a prosecution for possession and distribution of child pornography, the district court did not err in permitting the government to introduce photos of child-size sex dolls found in defendant's bedroom as the evidence was admissible under Rule 404(b) because it was relevant to rebut defendant's defense that someone else had used his internet service to download the pornography and to establish motive; no error in permitting the government to call a witness who, as a minor, had viewed child pornography with defendant as the testimony was admissible under Rule 414 to show defendant's sexual interest in underage children; testimony from an investigator that he received a tip in 2013 that defendant possessed child pornography, that he went to defendant's home and while there saw a traffic cone in the driveway labeled "CHIMO" was not so prejudicial as to require a mistrial, as the court gave a limiting instruction that the line of testimony was not evidence of a crime, and the reference to CHIMO (child molester) was isolated and without explanation of its meaning or other comment; in any event, the evidence of defendant's guilt was extensive.