Buehrle v. Missouri Department of Corrections

GARY M. GAERTNER, JR., Presiding Judge.

Introduction

Brian Buehrle (Appellant) appeals from the trial court’s judgment granting the Missouri Department of Corrections’ (MDOC) motion for a judgment on the pleadings. We affirm.

Background

Appellant was arrested and charged with multiple counts of Possession of Child Pornography, in violation of Section 573.037, RSMo (2004), and held in state custody. While the state charges were pending, he was transferred into federal custody where he was charged with one count of Possession of Child Pornography, in violation of 18 U.S.C. § 2252A(a)(5)(B). He…