No. 09-1036.

591 F.3d 974 (2010)

UNITED STATES of America, Appellee, v. Peter James SMITH, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: January 5, 2010.

Attorney(s) appearing for the Case

Christopher J. Lancaster, AFPD, argued, Fargo, ND, for appellant.

Nicholas Whitney Chase, AUSA, argued, Jennifer Klemetsrud Puhl, AUSA, on the brief, Fargo, ND, for appellee.

Before RILEY, SMITH and GRUENDER, Circuit Judges.

GRUENDER, Circuit Judge.

After a jury trial, Peter James Smith was convicted of two counts of aggravated sexual abuse of a child, in violation of 18 U.S.C. §§ 1153 and 2241(c). Smith appeals, arguing that the district court1 erred by admitting a 40-minute DVD recording of a forensic interview of the child victim and by admitting the lay opinion testimony of the forensic interviewer under Federal Rule of Evidence 701. For the...

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