May 23, 2018
from the United States District Court for the Northern
District of Illinois, Eastern Division. No. 09 CR 1047 - Joan
Humphrey Lefkow, Judge.
Wood, Chief Judge, and Bauer and Rovner, Circuit Judges.
convicted Ronald Norweathers of two counts of transporting
child pornography and one count of possessing child
pornography. Prior to trial, the government sought a ruling
on the admissibility of an email exchange between Norweathers
and another individual, in which they discussed drugging and
having sex with young boys. The district court ruled the
evidence was admissible under Federal Rules of Evidence 403
and 404(b), and the government introduced it at trial. On
appeal, Norweathers contends the admission of the emails was
an error that deprived him of a fair trial. We affirm.
15, 2009, a grand jury returned a four-count superseding
indictment charging Norweathers with three counts of
transporting child pornography in violation of 18 U.S.C.
§ 2252A(a)(1) (Counts One, Two, and Three), and one
count of possessing a computer hard drive containing images
of child pornography in violation of 18 U.S.C. §
2252A(a)(5)(b) (Count Four). The charges stemmed from an FBI
investigation that culminated in the execution of a search
warrant on December 19, 2009, at the address of
1-800-Radiator, a business located in Rolling Meadows,
Illinois, where Norweathers worked as the operations manager.
their initial search, FBI agents found approximately 50
images of child pornography on a desktop computer at
Norweathers' workstation. Those images served as the
basis for Count Four of the indictment. The agents later
obtained a warrant to search an email account with the
username "firstname.lastname@example.org," which they believed
was Norweathers' personal account. That search revealed
that on March 13, 2009, the email@example.com username sent
an email containing 78 images, the vast majority of which
were images of child pornography. The agents also found an
email sent on August 4, 2009, which contained four images of
child pornography. The August 4, 2009, email and the March
13, 2009, email (collectively, "the charged
emails") formed the basis for Counts Two and Three of
the indictment, respectively. The government eventually
dismissed Count One, and Norweathers proceeded to trial on
Counts Two, Three, and Four.
trial, the government filed a notice of intent to offer
evidence of other bad acts pursuant to Federal Rule of
Evidence 404(b)(2). Specifically, the government sought to
admit the following email exchange ("the uncharged
emails"), which occurred between firstname.lastname@example.org and
another individual on November 12, 2008 [all misspellings
To email@example.com: I've always wanted to get
a kid fukd up and use his holes, man
From firstname.lastname@example.org: well give me a minimum age
to work off of
To email@example.com: 10
From firstname.lastname@example.org: wow, that could be
interesting to watch, but you would probably do damage if
you're rough. I know where to get younger too
To email@example.com: 4yr old?
From firstname.lastname@example.org: would you seriously put you
cock in something that ...