United States v. Halliday, No. 10-2337 (7th Cir. 2012)Annotate this Case
Defendant, convicted of two counts of receiving child pornography (18 U.S.C. 2252A(a)(2)(A); (b)(1)) and one count of possessing child pornography (18 U.S.C. 2252A(a)(5)(B); (b)(2)), was sentenced to a prison term totaling 240 months. The Seventh Circuit rejected an argument that the conviction violated the Double Jeopardy Clause because possession is a lesser-included offense of receipt. The evidence sufficiently showed that the receipt and possession convictions were based on different conduct. The court vacated the sentence as based on an improper assumption. The judge stated that defendant believed the crime was "victimless" and that defendant did not "believe any of this is criminal." Defendant did not make such assertions, but only claimed to be innocent and that his confession was coerced.