United States Third Circuit

Conviction and sentence for receiving child pornography, possessing the same images of child pornography, and marijuana possession is vacated and remanded for re-sentencing where: 1) although defendant's conviction for receiving child pornography was supported by substantial evidence, double jeopardy barred convictions for both receiving and possessing the same images of child pornography; and 2) defendant's testimony regarding his collection of adult pornography was neither willfully false nor material for a sentence enhancement in the context of perjury.

Appellate Information

• Argued 02/01/2008
• Decided 06/02/2008
• Published 06/02/2008

Judges

• Before:  RENDELL and CHAGARES, Circuit Judges, and POLLAK, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Ronald A. Krauss, Esquire [ARGUED] Office of Federal Public Defender, Harrisburg, PA, for Appellant, Donald R. Miller Jr.


• For Appellees:
  
• Christian A. Fisanick, Esquire [ARGUED] Office of United States Attorney, Scranton, PA, Theodore B. Smith, III, Esq., Office of United States Attorney, Harrisburg, PA, for Appellee, United States of America.