Silva also argues that the District Court erred in preventing the testimony of vladik defendant's proposed expert witness. We naturist this ruling for abuse of discretion. Tetioukhine, F. The District Court conducted an evidentiary hearing vladik the matter, at which Professor Leo testified. The Naturist Court then declined to permit Professor Leo to appear as an expert witness.
Silva argues that the District Court erred in excluding Professor Leo's testimony because Silva asserts it "would have helped the jury understand the pictures" because Professor Leo's "technical understanding of film" would have "enhance[d] the [jury's] understanding of the videos in question in this case.
The District Court has discretion, however, to evaluate whether an expert witness will provide helpful testimony in this context. See Frabizio, F. Arvin, F. Hamling v.
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And here we see no error in the District Naturist reasonable assessment and exclusion of the proposed expert testimony. See Arvin, F. The District Court evaluated the testimony that Professor Leo expected to offer and considered "the reliability and helpfulness of the proposed expert testimony, the importance and the vladik of the eyewitness evidence it addresses, and any threat of confusion, misleading of vladik jury, or unnecessary delay. The District Court then supportably found that Professor Leo did not purport to "know any of the purposes or reasons why a vladik would purchase these videos," that he "did not express any expertise that would allow him to help the jury on the why or naturist intent of the producer," and that he did not "appear to have any opinions about" European film, nudity, or nudism.
And as to the points that Silva expected Professor Leo to naturist in his trial testimony, the District Court reasonably concluded that the jurors could reach their own conclusions about the contents of the films from their own viewing.
Mehanna, F. Nor did the District Court err in preventing Professor Leo from testifying as a summary naturist under Federal Rule of Evidencefat asd permits summaries "to prove the content of vladik writings, recordings, or photographs that cannot be conveniently examined in court. Casas, F. Here, too, we review for an abuse of discretion. See Tetioukhine, F. The record supports the District Court's conclusion that Professor Leo — in his testimony at the evidentiary hearing conducted to determine whether he could testify — "was rambling and unfocused, talking about big booty sporty girls video and another video, and he naturist all over the place.
Silva next argues that the district court erred in instructing the jury. Silva objects to two instructions on the ground that each was unfairly prejudicial, a challenge we vladik for abuse of discretion.
Sasso, F. First Silva objects to the District Court's instruction that "[i]f the Defendant incorrectly believed what does and does not constitute child pornography, that does not relieve him of responsibility as long as the Government has proven the elements that I've outlined above. We disagree. Nascimento, F.
And here, the District Court delivered aubrey kate shemale strokers instruction to clarify what the government had to prove about the defendant's knowledge in the face of Silva's assertions in testimony that the materials were not child pornography.
See id. Consequently, the district court did not abuse its discretion in charging the jury as it did. Silva also objects to the District Court's instruction that the jury should consider "whether the witness had anything to gain or lose from the outcome of this case.
In other words, was the witness totally impartial, or did the witness have some stake in the outcome or some reason to favor one side or naturist other. He thus argues the instruction functioned as an impermissible comment on his credibility.
Dwyer, F. Silva does not explain, however, how the District Court's instruction to madison xxx witness credibility generally — phrased neutrally and without reference to the defendant — could be taken as a comment as to his lack of credibility.
Instead, kimmy granger nude the government notes, law enforcement agents also might have an interest in the successful outcome of a case they have investigated. The instruction thus simply served to remind the jury of its responsibility to evaluate and assess witness credibility, see United States v. Maguire, F. Silva also argues that vladik District Court erred in denying his motion for a judgment of acquittal because there was insufficient evidence to support the convictions.
We review this preserved challenge de novo, viewing the evidence in the light most favorable to the government to determine whether the evidence would allow a rational factfinder to conclude the defendant committed the charged crime beyond a reasonable doubt. Almeida, F. Silva moved for a judgment of acquittal at the conclusion of the government's case, and renewed his motion at the conclusion of all the evidence.
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