United States v. Kevin Morrissey

SHEPHERD, Circuit Judge.

Following a jury trial, Kevin Timothy Morrissey was convicted of one count of possession of child pornography under 18 U.S.C. § 2252 (a)(4)(B), (b)(2) and one count of receipt of child pornography under 18 U.S.C. § 2252 (a)(2), (b)(1). He appeals both convictions. We affirm the receipt conviction, but remand to the district court with instructions to vacate the lesser-included possession conviction because the district court failed to instruct the jury that it could not convict Morrissey for both receipt and possession based on the same facts.

I. Background

In July 2013,…