United States Eleventh Circuit

Defendant's child pornography conviction is affirmed, where defendant's convictions for both "receiving" and "possessing" child pornography did not violate the Double Jeopardy Clause because the indictment charged and the government proved at trial that defendant had committed two distinct offenses, occurring on two different dates, in violation of two different statutes.

Appellate Information

• Decided 08/06/2009
• Published 08/06/2009

Judges

• TJOFLAT, Circuit Judge:, Before TJOFLAT and CARNES, Circuit Judges, and BOWEN, District Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Nancy Cayford Wear, Coral Gables, FL, Jonathan S. Schwarz, Miami, FL, for Bobb., Carol E. Herman, Anne R. Schultz, Jeanne Marie Mullenhoff, Miami, FL, for U.S.