United States Ninth Circuit

Defendant's child pornography conviction is affirmed, where the reasonableness of a search and seizure does not depend on state law, but rather on the traditional standards of reasonableness; but Defendant's sentence is vacated, where his concurrent sentences for child pornography possession and receipt violated the Double Jeopardy Clause.

Appellate Information

• Argued 07/09/2008
• Decided 03/09/2009
• Published 03/09/2009

Judges

• N.R. SMITH, Circuit Judge:, Before:  RICHARD R. CLIFTON and N. RANDY SMITH, Circuit Judges, and BRIAN E. SANDOVAL, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Thomas J. Phalen (argued), Phoenix, AZ, for the defendant-appellant., Eric B. Wolff (argued), Assistant United States Attorney, for the plaintiff-appellee.