US v. Hector, No. 08-30271

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