He was acquitted on two counts of distributing child pornography. In the first chat, Jenny told Grauer she was a 14–year–old from Clinton. Herriot by asking if he was aware of actual cases known to the prosecutor (and to the district court) that disproved this assertion. Pierson, 544 F.3d 933, 940–41 (8th Cir.2008), cert. You've had to see terrible things, disgusting things. He asserts that the prosecutor's closing argument was “so egregious, suggestive, and inflammatory [that it] infected the entire trial.” We disagree. Count 4 of the superseding indictment charged him with knowing possession of child pornography in violation of 18 U. The jury unanimously found that three images and five videos were child pornography that Grauer knowingly possessed on April 9, 2010, the day of his arrest. This made the possession count “the Group with the highest offense level,” resulting in a total offense level of 38 under § 3D1.4 and an advisory guidelines range of 235 to 293 months in prison. The Court found that the misrepresentations were made with the requisite intent and thus applied the enhancement. This finding resulted in a combined total offense level of 34 and an advisory guidelines range of 151–188 months in prison. He notes, quite correctly, that he told Jenny he was old enough to be her father and sent her pictures of himself that confirmed their age differential, unlike defendants in the cases on which the government relies, who made age misrepresentations clearly aimed at overcoming a minor's reluctance to engage in sex with an older man. Watkins, 667 F.3d 254, 264 (2d Cir.2012) (after telling minor female he was 38 when he was in fact 48, defendant said, the day before they had vaginal intercourse, “it's only [a] twenty years [age difference], it's common for couples”); United States v.
Grauer, using the screen name horserancher2, entered the Iowa Romance chatroom and began chatting with “Jenny.” Their lengthy chats continued until April 9, 2010. Herriot's experience was limited to cases in which defendants chatted with undercover law enforcement officers posing as minors. Herriot embellished his credibility with the remarkable assertion that a highly relevant situation that was beyond his personal experience—adults using internet chat rooms to entice actual minors to engage in sexual activity—was “rare or nonexistent.” It was not improper for the prosecutor to impeach Dr. The prosecutor returned to this issue in rebuttal:[Defense counsel] says that the smarter approach here is to go to a motel․ It is a terrible idea. The rebuttal argument concluded: You're the conscience of this community as the Judge told you. Grauer argues this rebuttal improperly argued facts regarding Fronczak and Carter that were not in evidence. A forensic computer examiner found numerous images and videos depicting suspected child pornography in user-created electronic folders. Eight images and seven videos were submitted to the jury on Count 4, identified by the electronic file names found on Grauer's computer. For the attempted enticement count, the PSR added to the base offense level of 28 a two-level enhancement under § 2G1.3(b)(2)(A) because “the offense involved the knowing misrepresentation of a participant's identity to persuade, induce, entice, coerce, or facilitate the travel of, a minor to engage in prohibited sexual conduct.” For the child pornography possession count, the PSR added to the base offense level of 18 enhancements totaling 19 levels, including a 7–level increase under § 2G2.2(b)(3)(E) for distribution of material intended to entice a minor to engage in prohibited sexual conduct. He also lied and told her he wasn't married when he was. Ed.2d 793 (2011), Grauer argues that his one-time misrepresentations of his age (“like 49,” instead of 58) and his name (“Gray,” instead of Grauer) “were not dramatic enough to have made a substantial difference” in his effort to persuade a minor victim to engage in sexually explicit conduct.
A warrant search of his home yielded a laptop computer containing images and videos the jury ultimately found to be child pornography.
Thus, Grauer's contention that the district court committed plain error by not granting a mistrial sua sponte is without merit. He proved it the day he got in that car and he packed all his stuff and he drove to Clinton, Iowa. Sanchez–Garcia, 685 F.3d 745, 753 (8th Cir.2012) (quotation omitted).
Messenger chat system posing as Jenny Johnston, a 14–year–old girl from Clinton, Iowa, using the screen name lil_jenny_gurl13. It was relevant to establish on cross examination that Dr. And I am going to take this fleece blanket that is going to soak up water like a sponge and drop it on the ground and go do my thing with a 14–year–old girl in public. It is a fantasy․ [I]f I am going to do that, doesn't it make a heck of a lot more sense to do it in a hotel, a motel, you know, ride your bike over to the Motel 6 ․ you don't even have to go in through the hallway, nobody will see you. Because he's going to throw it away when he's done. Ziesman, 409 F.3d 941, 954 (8th Cir.) (quotation omitted), cert. There was no error, plain or otherwise, in the district court's control of the closing arguments in this hard-fought trial. Sufficiency of the Evidence Following Grauer's arrest, police conducted a warrant search of his home and seized a Hewlett Packard laptop computer from an office area in the home. At trial, Grauer stipulated that one video depicted a minor, and the government presented testimony that other images and videos depicted minors. Viewed in the light most favorable to the verdict, the evidence was more than sufficient for a reasonable jury to find, beyond a reasonable doubt, that Grauer knowingly possessed visual depictions of minors engaging in sexually explicit conduct in violation of § 2252(a)(4)(B). The § 2G1.3(b)(2)(A) Enhancement To determine Grauer's advisory guidelines range, the Presentence Investigation Report (PSR) calculated the total offense level separately for each count of conviction. He said he was an engineer, not a band teacher, after the “girl” had told him she hated band.
Background On January 21, 2010, Deputy Sheriff Jessup Schroeder, a member of the Iowa Internet Crimes Against Children Task Force, logged onto the Yahoo! Herriot's testimony on direct examination tended to support a primary defense to the enticement charge—that Grauer believed his Internet chats with “Jenny” were with an adult. In Grauer's closing argument, defense counsel responded:[Y]ou know from looking at these chats that that week it was raining in Clinton, Iowa․ So the ground is saturated. You don't go pick up a 13 year old and take her to a motel. Daniel Fron[cz]ack flew from Pennsylvania, picked up a girl in Muscatine ․ had sex with her got caught, got arrested, got sent away. [Objection by Grauer overruled.]Justin Carter, you heard about him. Why is he buying a cheap fleece blanket if he's meeting an adult female. In closing argument, “a prosecutor is entitled to make a fair response and rebuttal when the defense attacks the government's case.” United States v. The concluding statement that the trial had compelled the jury “to see terrible things, disgusting things,” was fair comment on the trial evidence. Evidence that multiple images of child pornography were found in electronic folders manually created by the computer's user, as in this case, is sufficient evidence of knowing possession to support a § 2252(a)(4)(B) conviction. In addition, the government presented evidence that some images found on Grauer's computer were identical to images he had transmitted to “Jenny,” and that he told Jenny during their numerous chats that he hid images of topless girls on his hard drive so his wife would not find them. However, the Court finds the analysis in Star[r] does not seem applicable here because it focuses on the effect the misrepresentation had on the victim. In Young the [Eighth Circuit] applied this enhancement reasoning that the defendant had lied about his occupation.
Film versions of the first two books, 2010's "Percy Jackson and the Olympians: The Lightning Thief" and 2013's "Percy Jackson: Sea of Monsters," went on to gross over $200 million each.