United States v. Colbert

605 F.3d 573 (2010)

UNITED STATES of America, Appellee,

v.

Donald Gene COLBERT, Appellant.

No. 08-3243.

United States Court of Appeals, Eighth Circuit.

Submitted: May 15, 2009.

Filed: May 20, 2010.

John P. Messina, AFPD, argued, Des Moines, IA, for appellant.

Richard D. Westphal, AUSA, argued, Davenport, IA, for appellee.

Before WOLLMAN, JOHN R. GIBSON, and MURPHY, Circuit Judges.

WOLLMAN, Circuit Judge.

Donald Gene Colbert conditionally pleaded guilty to possession of child pornography, in violation of 18 U.S.C. § 2252(a)(4)(B), and was sentenced to 120 months' imprisonment. He appeals, arguing that the…