U.S. v. WHORLEY

No. 06-4288.

550 F.3d 326 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Dwight Edwin WHORLEY, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: December 18, 2008.


Attorney(s) appearing for the Case

ARGUED: Robert James Wagner, Assistant Federal Public Defender, Office of The Federal Public Defender, Richmond, Virginia, for Appellant. Damon A. King, United States Department of Justice, Criminal Division, Washington, D.C., for Appellee. ON BRIEF: Michael S. Nachmanoff, Federal Public Defender, Alexandria, Virginia; Sapna Mirchandani, Research and Writing Attorney, Office of the Federal Public Defender, Alexandria, Virginia, for Appellant. Chuck Rosenberg, United States Attorney, Sara E. Chase, Assistant United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for Appellee.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge JONES joined. Judge Jones wrote a separate concurring opinion. Judge GREGORY wrote a separate opinion concurring in part and dissenting in part.


OPINION

NIEMEYER, Circuit Judge:

Dwight Whorley was convicted of (1) knowingly receiving on a computer 20 obscene Japanese anime cartoons depicting minors engaging in sexually explicit conduct, in violation of 18 U.S.C. § 1462; (2) knowingly receiving, as a person previously convicted of receiving depictions of minors engaging in sexually explicit conduct, the same 20 anime cartoons, in violation of 18...

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