United States Ninth Circuit
US v. Davenport, 06-30596
The offense of possessing child pornography is a lesser included offense of the receipt of child pornography. Judgment sentencing defendant for receiving and possessing child pornography is vacated and remanded where his simultaneous conviction for both receipt and possession of child pornography violates the Fifth Amendment's prohibition on double jeopardy.
Appellate Information
- Argued 11/06/2007
- Decided 03/20/2008
- Published 03/20/2008
Judges
- Before: WILLIAM C. CANBY, JR., SUSAN P. GRABER, and RONALD M. GOULD, Circuit Judges.
Court
- United States Ninth Circuit
Counsel
- For Appellees:
- Darla J. Mondou, Marana, AZ, for the defendant-appellant., Marcia Hurd and Eric B. Wolff, U.S. Attorney's Office, Billings, MT, for plaintiff-appellee United States of America.