United States v. Smith, No. 18-1345 (8th Cir. 2018)Annotate this Case
The Eighth Circuit affirmed defendant's conviction and sentence for receipt of visual depictions of minors engaging in sexually explicit conduct and possession of child pornography. The court held that the evidence was sufficient to convict defendant of the crimes; the jury instructions and the verdict form did not violate defendant's Sixth Amendment right to a unanimous verdict; defendant's rights under the Double Jeopardy Clause were not violated when the district court instructed the jury on knowing receipt and possession of child pornography based on the same facts where the knowing possession charged was not a lesser included offense of knowing receipt as charged; and the district court did not err by imposing a two-level sentencing enhancement for knowing distribution.