Jahner

MEMORANDUM **

Defendant James Allen “Jamey” Jahner appeals his jury conviction of one count of travel with intent to engage in a sexual act with a juvenile in violation of 18 U.S.C. § 2423 (b), and one count of coercion and enticement in violation of 18 U.S.C. § 2422 (b). Jahner demands a new trial, arguing that the district court abused its discretion under Federal Rule of Evidence 403 in allowing the jury to see numerous photographs of his penis, and of his masturbating. He claims the photographs were highly prejudicial and of little probative value, given his willingness to stipulate to their contents and to the fact that he sent them to a person whom he believed to be a juvenile. Because the probative value of these images was not outweighed by their potential for unfair prejudice, the district court did not “clear[ly] abuse its discretion.” Trevino v. Gates, 99 F.3d 911, 922 (9th Cir.1996) (stating that “[t]he district court has considerable latitude in performing a Rule 403 balancing and we will uphold its decision absent clear abuse of discretion”), cert. denied, 520 U.S. 1117 , 117 S.Ct. 1249 , 137 L.Ed.2d 330 (1997).

Although distasteful, the photographs were…