Gallenardo

I. BACKGROUND

Gallenardo was indicted for sexual exploitation of a child in violation of 18 U.S.C. § 2251(a); possession of child por- nography in violation of 18 U.S.C. § 2252A(a)(5)(b); and a related forfeiture count.

The district court denied Gallenardo’s motion to dismiss the indictment premised on Gallenardo’s argument that his intrastate possession of child pornography was insufficient to establish federal jurisdiction. United States v. Gallenardo, 540 F. Supp. 2d 1172, 1176 (D. Mont. 2007).

Trial Testimony and Gallenardo’s Motion for a Mistrial

Linda Elaine Jollo (Jollo), Gallenardo’s ex-wife, testified concerning Gallenardo’s interaction with L.P., a male juvenile under the age of eighteen who was “a laborer in [Gallenar- do’s] construction business.” Jollo stated that in May, 2005, she was searching for evidence of Gallenardo’s suspected infidelity. She searched Gallenardo’s pickup truck and found Gallenardo’s briefcase. Inside the briefcase, Jollo found a vid- eotape and four camera disks. She viewed one of the disks UNITED STATES v. GALLENARDO 12037 and saw “[p]ictures of [L.P.] with his clothes off.” Some of these images were “sexually explicit.”…