Miguel Bocardo and Cyr Dino Banguguilan v. United States

In. Yee v. City of Escondido, 503 U.S. 519, 534 (1992), this Court held that "[o]nce a federal claim is properly presented, a party can make any argument in support of that claim[;] parties are not limited to the precise arguments they made below." The questions presented are:

1. Did appellants Cyr Banguguilan and Miguel Bocardo forfeit their Fed. R. Evid. 403 challenge to the admission of photographs and video recordings depicting Steven Rodriguez’s sexual abuse of a physically and mentally disabled eight-year-old girl when opposing admission pursuant to Fed. R. Evid. 403 but without specifically demanding that the district court review the proffered exhibits before ruling?

2. Whether a district court abuses its discretion by admitting graphic depictions of violent sexual abuse of a mentally and physically disabled 8-year-old girl without viewing the evidence to assess defendants’ Rule 403 challenge? And

3. Whether the court of appeals must review evidence challenged under Rule 403 before resolving that claim of error?