United States v. Sturm

MURPHY, Circuit Judge.

I. INTRODUCTION

Kenneth Dean Sturm seeks reversal of his convictions under 18 U.S.C. § 2252A(a)(5)(B) and (a)(2)(B) for both possession and receipt of child pornography. Sturm challenges certain jury instructions and the admission, pursuant to Fed.R.Evid. 414, of his prior conviction for a similar offense. Sturm also contends his convictions for both “possession” and “receipt” of child pornography violate the Double Jeopardy Clause of the United States Constitution.

Exercising jurisdiction pursuant to 28 U.S.C. § 1291, this court holds as follows: (1) it is not necessary…