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U.S. v. BROWN

No. 11-5048.

701 F.3d 120 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Daniel J. BROWN, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: December 6, 2012.

Attorney(s) appearing for the Case

ARGUED: Frederick Theodore Heblich, Jr. , Office of the Federal Public Defender, Charlottesville, Virginia, for Appellant. Nancy Spodick Healey , Office of the United States Attorney, Charlottesville, Virginia, for Appellee. ON BRIEF: Larry W. Shelton , Federal Public Defender, Christine Madeleine Lee , Office of the Federal Public Defender, Roanoke, Virginia, Lauren Smith , Office of the Federal Public Defender, Charlottesville, Virginia, for Appellant. Timothy J. Heaphy , United States Attorney, Roanoke, Virginia, for Appellee.

Affirmed by published opinion. Judge KING wrote the opinion, in which Judge WILKINSON and Judge SHEDD joined.

OPINION

KING, Circuit Judge:

Daniel J. Brown appeals from his conviction and sentence in the Western District of Virginia for a child pornography offense. The grand jury returned a two-count indictment against Brown, charging him with receiving visual depictions involving the use of minors engaging in sexually explicit conduct ("child pornography"), in violation of 18 U.S.C. §§ 2252(a)(2) and 2252(b)(1) (Count One), and with possessing child pornography...

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