United States Ninth Circuit

Convictions for knowingly receiving and knowingly possessing child pornography are affirmed over claims that: 1) the evidence of his crime should have been suppressed as the fruits of an unlawful border search; 2) insufficient evidence supported the convictions; 3) a jury instruction was erroneously refused; and 4) there was plain error in instructing the jury. His sentences are vacated and remanded for resentencing in accordance with a stipulation reached by the parties.

Appellate Information

• Argued 12/05/2005
• Decided 07/24/2006
• Published 07/24/2006

Judges

• BEA, Circuit Judge:, Before: B. FLETCHER, THOMPSON, and BEA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Jason F. Carr, Las Vegas, NV, for appellant Stuart Romm.


• For Appellees:
  
• Nancy J. Koppe (briefed) and Daniel R. Schiess (argued), Las Vegas, NV, for appellee United States of America.