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Legal Opinion

United States v. Eliseo Gomez-Diaz

Court of Appeals for the Eighth Circuit

Decided December 28, 2018No. 18-1001PublishedCited by 8 opinions

1Opinion of the Court

KELLY, Circuit Judge.

After a jury trial, Eliseo Florencio Gomez-Diaz was convicted of producing child pornography, in violation of 18 U.S.C. § 2251 (a). Gomez-Diaz appeals, challenging the district court's denial of a lesser-included-offense instruction, its denial of his motion for a mistrial, and its application of an obstruction-of-justice enhancement at sentencing. We affirm in part and remand for resentencing.

I

Twenty-one-year-old Gomez-Diaz had been sexually abusing his girlfriend's eight-year-old brother, M., for several months. The sexual conduct went unnoticed until his girlfriend,…

2Cases cited22 opinions

  1. United States v. DunniganSupreme Court of the United States · 1993
  2. Greer v. MillerSupreme Court of the United States · 1987
  3. United States v. Earnest Washington, United States of America v. Wendell E. FortenberryCourt of Appeals for the Eighth Circuit · 2003
  4. United States v. Bruce A. Beckman, United States of America v. Thomas KellyCourt of Appeals for the Eighth Circuit · 2000
  5. United States v. Guy Giovannetti and Nicholas JanisCourt of Appeals for the Seventh Circuit · 1991

17 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. United States v. Jesse NeriCourt of Appeals for the Eighth Circuit · 2023
  2. United States v. Christian HansenCourt of Appeals for the Eighth Circuit · 2019
  3. United States v. Quentin Bruguier, Jr.Court of Appeals for the Eighth Circuit · 2020
  4. United States v. JT MyoreCourt of Appeals for the Eighth Circuit · 2025
  5. United States v. Joel GarciaCourt of Appeals for the Eighth Circuit · 2023

3 more not listed; retrieve them via the Exa API.

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