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.
Argued and Submitted June 5, 2009
Filed August 18, 2009
Opinion by Judge O'Scannlain
Cyndee L. Peterson, Assistant United States Attorney, Missoula, MT
William W. Mercer, United States Attorney, Missoula, MT