Hutton

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 24-2202 D.C. No. Plaintiff - Appellee, 2:22-cr-00158-

MKD-

v.

ROBERT WAYNE HUTTON, OPINION

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Washington Mary K. Dimke, District Judge, Presiding

Argued and Submitted August 14, 2025 Anchorage, Alaska

Filed November 17, 2025

Before: Susan P. Graber, John B. Owens, and Ryan D. Nelson, Circuit Judges.

Opinion by Judge R. Nelson; Concurrence by Judge Graber SUMMARY *

Criminal Law

The panel affirmed Robert Hutton’s conviction for sexually exploiting a minor in violation of 18 U.S.C. § 2251(a). Hutton argued that the videos and images of the victim are not “lascivious” under the statutory definition at 28 U.S.C. § 2256(2)(A)(v). The panel held that, as Hutton conceded, this contention is foreclosed by Circuit precedent. The district court, which analyzed the factors set forth in United States v. Dost, 636 F. Supp. 828, 832 (S.D. Cal. 1986), aff’d sub nom. United States v. Wiegand, 812 F.2d 1239 (9th Cir. 1987), did not…