United States v. James Flocker

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS FILED

FOR THE NINTH CIRCUIT NOV 05 2012

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

UNITED STATES OF AMERICA, No. 10-10435

Plaintiff - Appellee, D.C. No. 2:05-cr-00360-JAM-

v.

MEMORANDUM*

JAMES THOMAS FLOCKER,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of California John A. Mendez, District Judge, Presiding

Argued and Submitted October 17, 2012 San Francisco, California

Before: B. FLETCHER,** HAWKINS, and MURGUIA, Circuit Judges.

James Thomas Flocker (“Flocker”) appeals from his jury trial conviction on

three counts involving possession and distribution of images depicting minors

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Betty Binns Fletcher, Senior Circuit Judge for the Ninth Circuit Court of Appeals, fully participated in the case and concurred in the judgment prior to her death. engaged in sexually explicit conduct.1 Flocker alleges a variety of errors, including

evidentiary…