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U.S. v. TEAGUE

No. 10-10276.

722 F.3d 1187 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Danny TEAGUE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 18, 2013.

Attorney(s) appearing for the Case

Carolyn D. Phillips , Fresno, CA, for Defendant-Appellant.

Benjamin B. Wagner , United States Attorney, Camil A. Skipper , Appellate Chief, and Brian W. Enos (argued), Assistant United States Attorney for the Eastern District of California, Fresno, CA, for Plaintiff-Appellee.

Before: A. WALLACE TASHIMA, SUSAN P. GRABER, and RAYMOND C. FISHER, Circuit Judges.

OPINION

FISHER, Circuit Judge:

A jury convicted Danny Teague of both receipt and possession of child pornography. Because possession is a lesser included offense of receipt, the convictions violate the Fifth Amendment's Double Jeopardy Clause if they were based on the same conduct. See United States v. Overton, 573 F.3d 679, 695 (9th Cir.2009). On the other hand, "where separate conduct supports each offense, the...

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