US v. Rogers, No. 08-1516

In a prosecution of defendant for attempting to entice a minor to engage in sexual activity and for using the Internet to attempt to transfer obscene material to a minor, district court's exclusion of prosecution's Rule 413 evidence of two prior instances of similar conduct, is reversed and remanded as the record causes doubt whether the district court fully appreciated the legal relation between Rules 413 and 403. 

Read US v. Rogers, No. 08-1516

Appellate Information

Appeal from the United States District Court for the Northern District of Illinois, Eastern Division

Decided November 10, 2009

Judges

Before: Cudhay, Flaum, and Wood, Circuit Judges

Opinion by Wood, Circuit Judge