Defendant's child pornography conviction and sentence are affirmed where: 1) the evidence was sufficient to allow the District Court to find that the photographs at issue depicted sexually explicit conduct; and 2) Defendant's conviction complied with the Double Jeopardy Clause because 18 U.S.C. sections 2251(a) and (b) constitute separate offenses.
Appeal from the United States District Court for the District of Montana. Donald W. Molloy, District Judge, Presiding.
Argued and Submitted January 21, 2009 -- Seattle, Washington
Filed June 18, 2009
Before Thomas M. Reavley, Senior Circuit Judge, Richard C. Tallman and Milan D. Smith, Jr., Circuit Judges. The Honorable Thomas M. Reavley, Senior United States Circuit Judge for th Fifth Circuit, sitting by designation.
Opinion by Judge Tallman
Eric B. Wolff (argued), Marcia Hurd, Assistant United States Attorneys, and William W. Mercer, United States Attorney for the District of Montana, Billings, Montana, for the plaintiff-appellee.