United States Fifth Circuit

A conviction and sentence for receiving child pornography transported in interstate commerce by computer and possession of child pornography is vacated in part and remanded where four counts against defendant were multiplicitous as the government did not offer any proof that he took more than one action to receive the four images that were the basis of his convictions under 18 U.S.C. section 2252(a)(2).

Appellate Information

• Decided 04/19/2007
• Published 04/20/2007

Judges

• OWEN, Circuit Judge:, Before BARKSDALE, BENAVIDES and OWEN, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Terri Lynn Hagan, Asst. U.S. Atty., Plano, TX, for U.S., Joseph Michael Buchanan, Fort Worth, TX, pro se.