United States Eighth Circuit

Defendant's sentence for knowingly receiving child pornography is affirmed in part where, if an oral sentence and the written judgment conflict, the oral sentence controls. However, the sentence is reversed in part where defendant presented "concrete evidence" of his ignorance of the pornography's distribution, and as a result, even under the stricter Dodd standard, the district court's application of the distribution enhancement was improper.

Appellate Information

• Decided 08/26/2010
• Published 08/26/2010

Judges

• Kermit M. Bye

Court

• United States Eighth Circuit

Counsel