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U.S. v. HEIDEBUR

No. 96-4264.

122 F.3d 577 (1997)

UNITED STATES of America, Appellee, v. Joseph F. HEIDEBUR, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 11, 1997.

Attorney(s) appearing for the Case

Jeffrey J. Rosanswank, Assistant Federal Public Defender, Cape Girardeau, MO, argued, for Appellant.

Larry H. Ferrell, Assistant U.S. Attorney, Cape Girardeau, MO, argued (Curtis O. Poore, Cape Girardeau, MO, on the brief), for Appellee

Before BEAM, FRIEDMAN, and LOKEN, Circuit Judges.

BEAM, Circuit Judge.

Joseph F. Heidebur appeals his conviction for knowingly possessing sexually explicit photographs of a minor, 18 U.S.C. § 2252(a)(4)(B). We vacate the conviction.

I. BACKGROUND

Defendant was charged with knowingly possessing sexually explicit photographs of his twelve year-old stepdaughter after his wife, Sherry Heidebur, found three nude photographs of the girl in the family's garage.

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