United
States v. Vallejos, No. 13-10025 (2-10-14)(Gould with
Hawkins and Paez).
In a receipt of child pornography case, the 9th affirmed
conviction and sentence. It held that the court did not abuse its
discretion in admitting a redacted confession.
The "rule of completeness" under FRE 106 did not compel the
whole statement to come in; just the context of the statements. The 9th also held that a lesser included was
not compelled because the evidence was clear that the defendant had downloaded
the images, and was just not in possession.
Finally, Apprendi did not
apply for the enhancements.
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