Friday, July 19, 2013

US v. Teague, No. 10-10276 (Fisher with Tashima and Graber).

The defendant was charged in a single count indictment with receipt and possession of child porn. He was convicted of both, and sentenced on both. The receipt is a greater penalty than possession. The defendant argued double jeopardy given the same conduct. The 9th acknowledged that the two offenses were separate and the government had to charge and prove separate facts. The error was harmless though because of the overwhelming evidence, via LimeWire, that the defendant both possessed and received child porn.


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