United States v. Banks

ALARCÓN, Circuit Judge,

concurring in part and dissenting in part:

I concur in the majority’s conclusion that the district court did not err in deny*981ing Banks’s motion to suppress the evidence seized pursuant to a search warrant, and in defining and applying the terms “masturbation” and “lascivious.” I respectfully dissent from the majority’s holding that the district court abused its discretion in admitting the testimony of Banks’s spouse that he told her he produced a video for distribution on the internet to other pedophiles that depicts him masturbating their two-year-old grandchild. I would…