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.
Read US v. Hector, No. 08-30271
Appellate Information
Argued and Submitted June 5, 2009
Filed August 18, 2009
Judges
Opinion by Judge O’Scannlain
Counsel
For Appellant:
John Rhodes, Assistant Federal Defender, Federal Defenders of Montana, Missoula, MT
For Appellee:
Cyndee L. Peterson, Assistant United States Attorney, Missoula, MT
William W. Mercer, United States Attorney, Missoula, MT
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