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U.S. v. KLOPFENSTINE

No. 12-2521.

708 F.3d 1023 (2013)

UNITED STATES of America, Plaintiff-Appellee v. Matthew Lee KLOPFENSTINE, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: March 4, 2013.

Attorney(s) appearing for the Case

Elizabeth Unger Carlyle , Kansas City, MO, for appellant.

Philip M. Koppe , Asst. U.S. Atty., Kansas City, MO, Jim Y. Lynn , Asst. U.S. Atty., Jefferson City, MO ( Tammy Dickinson , U.S. Atty., Kansas City, MO, on the brief), for appellee.

Before RILEY, Chief Judge, LOKEN and SHEPHERD, Circuit Judges.

RILEY, Chief Judge.

A jury convicted Matthew Klopfenstine of producing child pornography, in violation of 18 U.S.C. § 2251(a) and (e). Klopfenstine challenges the district court's1 failure sua sponte to dismiss a juror for cause after the juror arguably expressed an inability to consider the evidence against Klopfenstine impartially. Because Klopfenstine admittedly failed to raise this objection during the jury selection process,...

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