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United States of America v. Jimmie Coutentos

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Submitted: February 15, 2011

Before RILEY, Chief Judge, WOLLMAN, Circuit Judge, and KYLE,*fn1 District Judge.

A jury found Jimmie Coutentos guilty of one count of sexual exploitation or attempted sexual exploitation of a minor to produce child pornography, in violation of 18 U.S.C. § 2251(a) and (d) (2000), and one count of possession or attempted possession of child pornography, in violation of 18 U.S.C. § 2252A(a)(5)(B) and (b)(2) (2000). Represented by different counsel on appeal, Coutentos argues that he was denied the effective assistance of counsel at trial, that Federal Rule of Evidence 414 is unconstitutional, that the district court made erroneous evidentiary rulings, and that the prosecutor engaged in misconduct. He also contends that the district court erred by denying his motion for a judgment of acquittal. We affirm the conviction and sentence on the count of producing child pornography and vacate the conviction and sentence on the count of possession of child pornography.

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