222334P.pdf   05/18/2023  United States  v.  Derrick Walker
   U.S. Court of Appeals Case No:  22-2334
   U.S. District Court for the District of North Dakota - Western   
   [PUBLISHED] [Gruender, Author, with Colloton and Melloy, Circuit Judges] 
   Criminal case - Criminal law. Defendant's challenges to the search warrant 
   application in the case were not raised below and are waived; in any 
   event, the challenges are premised on a basic factual misunderstanding of 
   the evidence, and the district court did not abuse its discretion by 
   denying the suppression motion and defendant's request for a Franks 
   hearing; even if a particular video clip involving another man was 
   admissible, the district court did not abuse its discretion in deciding to 
   exclude it under Rule 403 as it did not depict sexual exploitation and had 
   only marginal relevance to the issue of defendant's guilt on the charge of 
   sexual exploitation of a child; further it presented a considerable risk 
   of unfair prejudice to the government's witness; additionally, the point 
   defendant sought to make was raised by other evidence; defendant failed to 
   show the district court's instruction on aiding and abetting was plainly 
   erroneous.