United States v. William Roland Baker

680 F. App'x 861
CourtCourt of Appeals for the Eleventh Circuit
DecidedFebruary 24, 2017
Docket16-12102 Non-Argument Calendar
StatusUnpublished
Cited by1 cases

This text of 680 F. App'x 861 (United States v. William Roland Baker) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. William Roland Baker, 680 F. App'x 861 (11th Cir. 2017).

Opinion

PER CURIAM:

William Baker appeals his convictions and sentence for two counts of possession of child pornography in violation of 18 U.S.C. §§ 2252(a)(4)(B) and (b)(2). Baker raises four issues on appeal. First, he argues the district court abused its discretion by admitting evidence of his earlier guilty plea to lewd and lascivious conduct of a child under 16 in which the state court withheld adjudication. Second, he argues the district court abused its discretion by not granting him a mistrial after the government elicited testimony that he was a registered sex offender. Third, he argues he was entitled to. a judgment of acquittal because the government failed to prove he knowingly possessed child pornography. Last, he argues the district court erred in enhancing his sentence by counting his guilty plea with adjudication withheld to lewd and lascivious conduct on a minor as a conviction under 18 U.S.C. § 2252(b)(2). After careful review, we affirm the district court.

I.

In March 2013, law enforcement agents identified an IP address in Jacksonville, Florida, that was sharing files identified as child pornography by the National Center for Missing and Exploited Children. Agents connected to the computer using that IP address and downloaded three images and one video of child pornography. Comcast, the owner of the IP address, was subpoenaed. Comcast provided the government with Baker’s name and home address as the subscriber using that IP address. A criminal background check showed that in 1995, Baker pleaded guilty to lewd and lascivious conduct involving a child under 16 in Florida.

Based on that information, the agents secured a search warrant and executed it *863 in May 2013. They found two laptops in Baker’s home, a Dell and an HP. The Dell laptop computer had 106 images of child pornography on it. The HP laptop computer had 232 images of child pornography in unallocated file space. 1 It had also been used to search for terms suggestive of child pornography on a file-sharing program. While the search occurred, two agents went to Baker’s workplace to interview him. Baker told them he was the only person who used his laptop; that it was password protected; and that only he knew the password. He also said he used the file-sharing program that had led investigators to his home. However, Baker said he had been set up for the child pornography on his computer.

Baker was charged and convicted of two counts of possession of child pornography—one count for each laptop. As relevant to this appeal, Baker objected to two uses of his Florida 1995 guilty plea with adjudication withheld to lewd and lascivious conduct involving a child under 16. Baker argued the plea did not constitute a conviction under Florida law. As a result, he first objected to the plea’s introduction as propensity evidence—that is, evidence that he acted in accordance with his previous conduct. See Fed. R. Evid. 404. The district court overruled this objection, but limited the introduction of this evidence to the fact of the plea itself instead of its underlying details. Second, Baker objected to the district court’s use of 18 U.S.C. § 2252(b)(2)’s sentencing enhancement for anyone convicted of § 2252(a)(4) who “has a prior conviction ... under the laws of any State relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor.” 18 U.S.C. § 2252(b)(2). The district court overruled this objection after reviewing this Court’s precedent.

II.

Baker argues the district court erred by admitting evidence of his 1995 guilty plea without adjudication to lewd and lascivious conduct of a child under 16. We review the district court’s evidentiary rulings for an abuse of discretion. United States v. Woods, 684 F.3d 1045, 1062 n.17, 1064-65 (11th Cir. 2012) (per curiam).

Baker says his 1995 guilty plea was not a conviction, and therefore should not have been admitted as propensity evidence. This argument is misplaced. Whether this plea was a conviction is relevant to Baker’s sentencing enhancement, discussed below, but not to the evidentiary issue here. Baker does not dispute that he committed an act of “child molestation” within the definition of Rule 414. The district court properly relied on Rule 414 to except this evidence from Rule 404’s general prohibition against propensity evidence.

Baker then says that in any event, the district court wrongly weighed the prejudicial effect of this evidence against its probative value under Rule 403. The record shows, however, that the district court carefully weighed this evidence before admitting it. The court recognized the risk of prejudice to Baker, but because the government was allowed to introduce only the fact of the plea and not its underlying details, the court determined the plea did not create a risk of unfair prejudice that would substantially outweigh its probative value. See Fed. R. Evid. 403. Therefore, the district court did not abuse its discretion.

*864 III.

Baker next argues the district court erred when it denied his motion for a mistrial. We review the denial of a motion for a mistrial for an abuse of discretion. United States v. McGarity, 669 F.3d 1218, 1232 (11th Cir. 2012). “A mistrial should be granted if the defendant’s substantial rights are prejudicially affected.” United States v. Newsome, 475 F.3d 1221, 1227 (11th Cir. 2007) (per curiam). Prejudice occurs when there is a reasonable probability that, but for the objected-to error, the outcome of the trial would have been different. See id. And if the district court gives a curative instruction, the reviewing court may reverse only if the evidence is so highly prejudicial that the instruction could not cure it. United States v. Bender, 290 F.3d 1279, 1284 (11th Cir. 2002).

Baker says the government went beyond the district court’s ruling to introduce just the fact of his 1995 guilty plea without its underlying details. He points to where the government elicited testimony that he was registered as a sex offender in Florida. After that testimony, Baker immediately moved for a mistrial. The district court denied Baker’s motion, later saying if it was error at all, it did “not rise to any level of a mistrial.” And in any event, the court immediately instructed the jury to disregard that testimony. This Court assumes that juries follow the district court’s instructions. United States v. Kennard, 472 F.3d 851

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Bluebook (online)
680 F. App'x 861, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-william-roland-baker-ca11-2017.