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US v. Foster, No. 10-1122

By FindLaw Staff on October 20, 2010 | Last updated on March 21, 2019

Child Pornography Conviction Affirmed

In US v. Foster, No. 10-1122, the court affirmed defendant's conviction for possessing child pornography, holding that 1) the case against defendant was so overwhelming that there was not the remotest chance that he would not have been convicted had the evidence that he complained about not been admitted; and 2) the district court correctly concluded that defendant's new trial motion was untimely and did not abuse its discretion by finding no excusable neglect for the delay.

As the court wrote:  "After his conviction by a jury for possessing child pornography, see 18 U.S.C. § 2252(a)(4)(B), Darryl Foster filed a motion for a new trial under Fed. R. Crim. P. 33 asserting that his trial counsel was ineffective. When the district court denied the motion, Mr. Foster appealed, maintaining that the district court erred in admitting certain evidence at trial and in denying his post-trial motion. We affirm."

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