Legal Opinion
United States v. David Malik
Court of Appeals for the Seventh Circuit
Decided September 22, 2004No. 03-3404PublishedCited by 22 opinions
1Opinion of the Court
EASTERBROOK, Circuit Judge.
An indictment charged David Malik with receipt of child pornography, which violates 18 U.S.C. § 2252A(a)(2)(A), and possession of child pornography, which violates 18 U.S.C. § 2252A(a)(5)(B). He pleaded guilty to both charges. Receipt is the more serious of the two offenses under the Sentencing Guidelines. Compare U.S.S.G. § 2G2.2, the provision covering receipt, with U.S.S.G. § 2G2.4, which covers possession.
When multiple counts are grouped for sentencing, U.S.S.G. § 3D1.3(a) requires the court to use whichever guideline yields the higher offense level. That is §…
2Cases cited11 opinions
- United States v. BatchelderSupreme Court of the United States · 1979
- United States v. X-Citement Video, Inc.Supreme Court of the United States · 1994
- United States v. Freddie J. BookerCourt of Appeals for the Seventh Circuit · 2004
- El Paso Natural Gas Co. v. NeztsosieSupreme Court of the United States · 1999
- United States v. GaddisSupreme Court of the United States · 1976
6 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- United States v. MillerCourt of Appeals for the Third Circuit · 2008
- United States v. David H. SwansonCourt of Appeals for the Seventh Circuit · 2005
- United States v. H. Marc WatzmanCourt of Appeals for the Seventh Circuit · 2007
- Mannix v. PhillipsCourt of Appeals for the Second Circuit · 2010
- United States v. HallidayCourt of Appeals for the Seventh Circuit · 2012
17 more not listed; retrieve them via the Exa API.