United States v. Hansen, No. 18-3122 (8th Cir. 2019)
Annotate this CaseThe Eighth Circuit affirmed defendant's sentence of 600 months in prison imposed after he was convicted of eight child pornography offenses and one count of sexually exploiting a child while required to register as a sex offender. The court held that any error in determining that defendant's Nebraska conviction related to the possession of child pornography was a predicate offense for application of 18 U.S.C. 2551(a) was harmless error. The court also held that defendant's conviction for sexual exploitation of a minor and for possession of the images did not constitute double jeopardy under the Blockberger test or the merged offenses doctrine.
Court Description: Loken, Author, with Colloton and Kobes, Circuit Judges] Criminal case - Criminal law and sentencing. Even if the district court erred in concluding defendant's Nebraska conviction for violation of section 28-813.01(1) was a predicate offense for application of 18 U.S.C. Sec. 2551(a), the error was harmless, as the determination had an insubstantial impact on the calculation of defendant's total advisory guidelines sentence under Section 5G1.2(d) and no impact on the court's determination of the total punishment to be imposed under Section 3553(a); in this case, conviction for sexual exploitation of a minor and for possession of the images did not constitute double jeopardy under the Blockberger test or the merged offenses doctrine.
The court issued a subsequent related opinion or order on January 14, 2020.
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