U.S. v. CARPENTER

No. 10-30146.

680 F.3d 1101 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Terance Scott CARPENTER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 22, 2012.


Attorney(s) appearing for the Case

Michael R. Levine and Matthew G. McHenry , Levine & McHenry LLC, Portland, OR, for appellant Terance Scott Carpenter.

S. Amanda Marshall , Kelly A. Zusman and Stephen F. Peifer , Office of the United States Attorney, Portland, OR, for appellee United States of America.

Before: ALEX KOZINSKI, Chief Judge, RICHARD C. TALLMAN and SANDRA S. IKUTA, Circuit Judges.


OPINION

PER CURIAM:

Terance Carpenter was convicted of five counts relating to child pornography. He appeals on two grounds.

1. At Carpenter's trial, the prosecution rested its case-in-chief, and a discussion ensued among Carpenter, his lawyer and the trial judge about whether Carpenter would testify. Carpenter and his lawyer spoke privately, then returned to the courtroom. The judge asked for Carpenter's decision about testifying, to...

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