Mortenson

MEMORANDUM **

The facts and procedural history of this case are familiar to the parties, and we do not repeat them here. A jury convicted Kelly Mortenson of possession of child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B). She appeals her conviction, arguing that the district court erred by allowing the admission of various pieces of unfairly prejudicial evidence. She also appeals her sentence, arguing that the district court failed to consider adequately mitigating factors in her favor.

Various items of evidence demonstrating the pervasiveness of child pornography in the Mortenson home, including stories Kelly had authored that involved sexual encounters with young girls, and binders Kelly helped compile that included photographs of young girls in swimsuits and underwear, were relevant to prove that Kelly knowingly possessed and viewed child pornography *387 and was not an unwilling or coerced participant in her husband Shaun’s activities. Additionally, assuming without deciding that the district court violated Federal Rule of Evidence 403 by allowing the admission of this evidence, any error was harmless in light of the other overwhelming evidence against Kelly.…