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U.S. v. STURM

No. 09-1386.

673 F.3d 1274 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Kenneth Dean STURM, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 13, 2012.

Attorney(s) appearing for the Case

Kathleen A. Lord , Assistant Federal Public Defender ( Raymond P. Moore , Federal Public Defender, with her on the brief), Denver, CO, for Appellant.

Martha A. Paluch , Assistant United States Attorney ( David M. Gaouette , United States Attorney, Patricia W. Davies , Assistant United States Attorney, and Judith A. Smith , Assistant United States Attorney, with her on the brief), Denver, CO, for Appellee.

Before MURPHY, BALDOCK, and BRORBY, Circuit Judges.

MURPHY, Circuit Judge.

I. INTRODUCTION

Kenneth Dean Sturm seeks reversal of his convictions under 18 U.S.C. § 2252A(a)(5)(B) and (a)(2)(B) for both possession and receipt of child pornography. Sturm challenges certain jury instructions and the admission, pursuant to Fed.R.Evid. 414, of his prior conviction for a similar offense. Sturm also contends his convictions for both "possession" and "receipt" of child pornography violate the

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