United States v. Keith Cunningham

MEMORANDUM

Appellant Keith Clifford “Casey” Cunningham appeals his conviction for violating 18 U.S.C. § 2251 (a), which, as relevant here, criminalizes inducing or using a child to engage in, “with the intent that such minor engage in, any sexually explicit conduct for the purpose of producing any visual depiction of such conduct.” We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Cunningham argues on appeal that his confrontation right under the Sixth Amendment was violated because the child victim was not called to testify. Because Cunningham did not object at trial to the admission of statements that may have implicated this right, we review for plain error. United States v. Anekwu, 695 F.3d 967, 978 (9th Cir.2012).

Cunningham contends that his right to confront the witness against him was violated because the government did not call the child victim to testify, whether in Cunningham’s presence or via closed-circuit television. He argues that the victim was a witness against him because she was present when he allegedly committed the crime and because her allegations triggered the investigation that ensnared him. But that is not the legally relevant meaning of…