United States Ninth Circuit

A sentence for receipt and possession of child pornography is affirmed where defendant's prior conviction for "sexual assault" under Montana state law triggers an enhanced penalty under the sentencing provisions applicable to his federal crimes.

Appellate Information

• Argued 03/09/2007
• Decided 09/20/2007
• Published 09/20/2007

Judges

• O'SCANNLAIN, Circuit Judge:, Before:  B. FLETCHER, DIARMUID F. O'SCANNLAIN, and A. WALLACE TASHIMA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Michael Donahoe, Senior Litigator, Federal Defenders of Montana, argued the cause for the defendant-appellant, and filed briefs;  Anthony R. Gallagher, Federal Defender, was on the briefs., Marcia Hurd, Assistant U.S. Attorney, Billings, MT, argued the cause for the plaintiff-appellee and filed a brief;  William W. Mercer, U.S. Attorney, District of Montana, and Eric B. Wolf, Assistant U.S. Attorney, Billings, MT, were on the brief.