Powers

MEMORANDUM **

In appealing his conviction for possessing child pornography under 18 U.S.C. § 2252A(a)(5)(B), the appellant contends that the district court abused its discretion under Federal Rule of Evidence 403 in permitting the government to admit portions of three child pornography magazines. We review the district court’s decision for an abuse of discretion. United States v. Plancarte-Alvarez, 366 F.3d 1058, 1062 (9th Cir.2004).

The record reveals that the district court did not abuse its discretion in admitting the evidence because the appellant did not stipulate to any of the elements of the charged crime, the magazines were probative of several elements, and the district court took steps that prevented the danger of unfair prejudice, such as redacting the magazines and giving the jury an effective limiting instruction. Fed.R.Evid. 403; see also United States v. Merino-Balderrama, 146 F.3d 758, 762 (9th Cir.1998) (observing that it would have been unnecessary for the government to admit child-pornography evidence if the government had not rejected the defendant’s offer to stipulate to elements of the crime); United States v. Manarite, 44 F.3d 1407, 1419 (9th Cir. 1995)…