United States v. Donald Harvey

BRIGHT, Circuit Judge.

Donald Harvey appeals his convictions and his sentence for receipt of child pornography and possession of child pornography. Harvey argues the district court abused its discretion when it denied his motion to withdraw his nolo contendere plea, that his sentence was substantively unreasonable, and that his two convictions violate the Double Jeopardy Clause.

The district court did not abuse its discretion when it denied Harvey’s motion to withdraw his plea. But Harvey’s two convictions violate the Double Jeopardy Clause because they arise out of the same act or transaction.…