United States v. Johnson, Jr., No. 10-1496 (8th Cir. 2011)Annotate this Case
Defendant was convicted of knowingly receiving child pornography and knowingly possessing child pornography. On appeal, defendant asserted that there was insufficient evidence to support his receipt conviction or, in the alternative, that his convictions for both receiving and possessing the same images of child pornography violated the Double Jeopardy Clause. In light of United States v. Inman, the court found that the jury was not properly instructed and there was no objection to the erroneous instruction at trial. Therefore, the evidence presented in this case was clearly insufficient to satisfy the erroneous jury instruction because the government presented no evidence that the materials used to produce defendant's computer traveled in interstate commerce before they were assembled into the computer. The court further held that the government's evidence on the statutory element was not "overwhelming" and a rational jury could have concluded that the government failed to prove the element beyond a reasonable doubt. Accordingly, the court reversed and vacated defendant's conviction for receiving child pornography and remanded for resentencing on his conviction for possessing child pornography.