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U.S. v. EMLY

No. 13-1882.

747 F.3d 974 (2014)

UNITED STATES of America, Plaintiff-Appellee v. Christopher EMLY, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: April 3, 2014.

Attorney(s) appearing for the Case

Christopher J. Lancaster , Asst. Fed. Public Defender, Fargo, ND, argued ( Neil Fulton , Fed. Public Defender, Scott D. McGregor , Asst. Fed. Public Defender, on the brief), for appellant.

Nicholas W. Chase , Asst. U.S. Atty., Fargo, ND, argued ( Timothy Q. Purdon , U.S. Atty., Megan A. Healy , Asst. U.S. Atty., on the brief), for appellee.

Before RILEY, Chief Judge, WOLLMAN and LOKEN, Circuit Judges.

WOLLMAN, Circuit Judge.

Christopher Emly was convicted of one count of receipt of materials involving the sexual exploitation of children, in violation of 18 U.S.C. § 2252(a)(2), and three counts of possession of materials involving the sexual exploitation of children, in violation of 18 U.S.C. § 2252(a)(4)(B). On appeal, Emly alleges three errors: (1) his multiple convictions for possession violate the Double Jeopardy...

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