United States v. Dudeck, No. 09-3231 (6th Cir. 2011)
Annotate this CaseDefendant pled guilty to a three-count indictment charging receipt of visual depictions of minors engaged in sexually explicit conduct, receipt and/or distribution of child pornography (18 U.S.C. 2252A(a)(2)(A)), and possession of child pornography (18 U.S.C. 2252(a)(5)(B)). The district court imposed three concurrent terms of 120 months imprisonment. Noting that defendant did not raise his double jeopardy argument before the district court, the Sixth Circuit remanded for determination of whether the counts were supported by separate conduct or separate images. If the counts are supported by separate evidence, the sentences are affirmed. While possession of child pornography is generally a lesser-included offense of receipt of child pornography, conviction under both statutes is permissible if separate conduct is found to underlie the two offenses.
The court issued a subsequent related opinion or order on September 14, 2011.
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