United States Ninth Circuit

Defendant's child pornography conviction and sentence are affirmed, where 1) the evidence was sufficient to allow the District Court to find that the photographs at issue depicted sexually explicit conduct; and 2) Defendant's conviction complied with the Double Jeopardy Clause because 18 U.S.C. sections 2251(a) and (b) constitute separate offenses.

Appellate Information

• Argued 01/21/2009
• Decided 06/18/2009
• Published 06/18/2009

Judges

• Before THOMAS M. REAVLEY, Senior Circuit Judge, RICHARD C. TALLMAN and MILAN D. SMITH, JR., Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Anthony R. Gallagher, Office of the Federal Public Defenders for the District of Montana, Great Falls, MT, for the defendant-appellant., Eric B. Wolff (argued), Marcia Hurd, Assistant United States Attorneys, and William W. Mercer, United States Attorney for the District of Montana, Billings, MT, for the plaintiff-appellee.