U.S. v. HELLER

No. 07-30452.

551 F.3d 1108 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Glenn HELLER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 8, 2009.


Attorney(s) appearing for the Case

Anthony R. Gallagher, Federal Defender, and Michael Donahoe, Senior Litigator, Federal Defenders of Montana, Helena, MO, for the defendant-appellant.

William W. Mercer, United States Attorney, and Kurt G. Alme and Marcia Hurd, Assistant United States Attorneys, Billings, MO, for the plaintiff-appellee.

Before: HAWKINS, M. MARGARET McKEOWN, and JAY S. BYBEE, Circuit Judges.


McKEOWN, Circuit Judge:

Glenn Heller appeals his conviction following a bench trial for receipt of child pornography, in violation of 18 U.S.C. § 2252A(a)(2), and possession of child pornography, in violation of 18 U.S.C. § 2252A(a)(5)(B). Heller's conviction stems from Heller's activities while serving as a caretaker for a developmentally disabled man, J.W. The government alleged J.W. downloaded child pornography at Heller's direction for their mutual viewing...

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