United States Ninth Circuit

A conviction for receipt and possession of child pornography is affirmed over claims of error regarding defendant's plea agreement and double jeopardy, but his sentence is vacated as he was sentenced in error when child pornography images in his cache files, which he neither controlled nor even knew the existence of, were used to calculate his Guideline range.

Appellate Information

• Argued 10/24/2006
• Decided 11/27/2006
• Published 11/27/2006

Judges

• FERNANDEZ, Circuit Judge:, Before: KOZINSKI and FERNANDEZ, Circuit Judges, and CARNEY, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Brad L. Arndorfer, Arndorfer Law Firm, P.C., Billings, MT, for the appellant.


• For Appellees:
  
• Marcia Hurd, Assistant U.S. Attorney, Billings, MT, for the appellee.