Halling

United States v. Halling

Good Law
232 F. App'x 691
United States Court of Appeals for the Ninth CircuitMay 16, 2007No. 06-30377California362 words

Opinion

Lead Opinion

*692 MEMORANDUM **

Defendant Tammy Hailing appeals her conviction, after a bench trial, of two counts of sexual exploitation of children in violation of 18 U.S.C. § 2251 (a); one count of sexual exploitation of children in violation of 18 U.S.C. § 2251 (b); one count of distributing child pornography in violation of 18 U.S.C. § 2252A(a)(2); and one count of forfeiture, 18 U.S.C. § 2253 . The sole question in this timely appeal is whether the trial court erred in denying Defendant’s Federal Rule of Criminal Procedure 29 motion for acquittal. In particular, Defendant argues that there was insufficient evidence that she employed, used, persuaded, induced, enticed, or coerced either her minor daughter M. or that daughter’s minor friend J. to engage in the sexual conduct at issue; that is, she claims that she was merely a passive participant. Additionally, she asserts that one show involving M. did not involve sexual conduct.

We have reviewed the record carefully and are not persuaded by those arguments. Viewing the evidence in the light most favorable to the government, we conclude that a rational trier of fact could have found the essential elements of each of the crimes beyond a…

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