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U.S. v. SCP

No. CR 08-14-BU-DWM.

583 F.Supp.2d 1215 (2008)

UNITED STATES of America, Plaintiff, v. SCP, Defendant.

United States District Court, D. Montana.

October 30, 2008.

Attorney(s) appearing for the Case

Marcia Hurd, Billings, Montana, for plaintiff.

Michael Donahoe, Federal Defender of Montana, Helena, Montana, for defendant.

ORDER

DONALD W. MOLLOY, District Judge.

I. Introduction and Factual Background

The United States charged the Defendant, a juvenile, with receipt and possession of child pornography, in violation of 18 U.S.C. §§ 2252A(a)(2), 2252A(a)(5)(B). Because he is a juvenile, 18 U.S.C. § 5032 requires the government to file a certification which must state one of three bases to allow the proceeding to commence in federal court. The required...

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