United States v. Teague, No. 10-10276 (9th Cir. 2013)Annotate this Case
Defendant appealed his conviction for both receipt and possession of child pornography, alleging violation of the Double Jeopardy Clause. The court concluded that the conjunctive phrasing of the indictment created the possibility of multiplicitous convictions, and neither the government nor the district court did anything to remove that possibility. Therefore, the district court's entry of judgment on both counts, absent some assurance that the convictions were based on separate conduct, was error. However, the error did not affect defendant's substantial rights and, thus, the court affirmed the judgment.