Fifth Circuit: USA v. Herman Sanders, et al


Rivals might have been appropriately joined, as they were involved in the same acts or transactions, but no actual prejudice, given curative instruction and the fact that the potentially prejudicial testimony was a small part of the total.

Required scienter encompasses all of the elements -- "knowingly" implies that the deft knew that the victims were minors.  Lack of proof of this at trial made for a constructive amendment to the indictment.