In a child pornography prosecution, denial of defendant’s motion to dismiss the charges is affirmed where the crime of receiving child pornography codified at 18 U.S.C. section 2252A(a)(2)(A) does not include intent to distribute among its elements.

Read US v. Olander, No. 08-30180

Appellate Information

Argued and Submitted May 5, 2009

Filed July 15, 2009

Judges

Opinion by Judge Fletcher

Counsel

For Appellant:

Amy Baggio, Federal Public Defender’s Office, Portland, OR

For Appellee:

Greg Nylus, Office of the United States Attorney, Portland, OR

Michelle Holman Kerin, Office of the United States Attorney, Portland, OR

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