United States Ninth Circuit

In a child pornography prosecution, defendant's sentence is vacated where the district court was required to use its discretion in determining whether to vacate defendant's receipt conviction or his possession conviction to avoid double jeopardy concerns.

Appellate Information

• Argued 06/05/2009
• Decided 08/18/2009
• Published 08/18/2009

Judges

• O'SCANNLAIN, Circuit Judge:, Before ALFRED T. GOODWIN, DIARMUID F. O'SCANNLAIN and RAYMOND C. FISHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Cyndee L. Peterson, Assistant United States Attorney, Missoula, MT, argued the cause for the United States and submitted a brief.  William W. Mercer, United States Attorney, Missoula, MT, was on the brief.


• For Appellees:
  
• John Rhodes, Assistant Federal Defender, Federal Defenders of Montana, Missoula, MT, argued the cause for Defendant-Appellant and filed briefs.  Anthony R. Gallagher, Federal Defender, Federal Defenders of Montana, Missoula, MT, was also on the briefs.