United States Ninth Circuit

A child pornography case is remanded to the district court with order to vacate either the conviction for receiving child pornography in violations of 18 U.S.C. section 2252(a)(2), or the conviction for possessing child pornography in violation of 18 U.S.C. section 2252(a)(4)(B), due to violation of the Double Jeopardy Clause where: 1) possession of child pornography is a lesser included offense within receipt of child pornography; and 2) convictions on the two counts were based on the same conduct.

Appellate Information

• Argued 04/15/2008
• Decided 10/20/2008
• Published 10/20/2008

Judges

• CALLAHAN, Circuit Judge:, Before:  MARY M. SCHROEDER, RICHARD R. CLIFTON, and CONSUELO M. CALLAHAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Daniel J. Broderick, Federal Defender, Melody M. Walcott, Assistant Federal Defender (Argued), of Fresno, CA, on behalf of defendant-appellant Walter M. Schales., McGregor W. Scott, United States Attorney, David L. Gappa, Assistant United States Attorney (Argued), of Fresno, CA, on behalf of plaintiff-appellee The United States of America.