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U.S. v. JOHNSON

No. 10-2350.

639 F.3d 433 (2011)

UNITED STATES of America, Appellant, v. Scott JOHNSON, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: April 5, 2011.

Attorney(s) appearing for the Case

James J. Kelleher , Asst. U.S. Atty., Springfield, MO, argued ( Beth Phillips , U.S. Atty., Kansas City, MO, on the brief), for appellant.

Robert F. Torp , Acree & Torp, Springfield, MO, argued, for appellee.

Before MURPHY, HANSEN, and MELLOY, Circuit Judges.

HANSEN, Circuit Judge.

A jury found Scott Johnson guilty of eight counts of attempted sexual exploitation of children, in violation of 18 U.S.C. § 2251, after he secretly videotaped minor girls weighing themselves in the nude. Following the jury verdict, Johnson filed a motion for judgment of acquittal notwithstanding the verdict. The district court granted the motion for acquittal, finding that the videos were not lascivious because they depicted "mere nudity...

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