Legal Opinion
United States v. Danny Teague
Court of Appeals for the Ninth Circuit
Decided July 18, 2013No. 10-10276PublishedCited by 19 opinions
1Opinion of the Court
OPINION
FISHER, Circuit Judge:
A jury convicted Danny Teague of both receipt and possession of child pornography. Because possession is a lesser included offense of receipt, the convictions violate the Fifth Amendment’s Double Jeopardy Clause if they were based on the same conduct. See United States v. Overton, 573 F.3d 679, 695 (9th Cir.2009). On the other hand, “where separate conduct supports each offense, the Fifth Amendment’s Double Jeopardy Clause is not implicated.” Id. The prosecutor charged receipt of one set of files and charged possession of a much larger set of files. Because the…
2Cases cited9 opinions
- United States v. OlanoSupreme Court of the United States · 1993
- United States v. Michael Andrew Smith, AKA the BirdCourt of Appeals for the Ninth Circuit · 2002
- United States v. DavenportCourt of Appeals for the Ninth Circuit · 2008
- United States v. Osama Musa AlferahinCourt of Appeals for the Ninth Circuit · 2006
- United States v. OvertonCourt of Appeals for the Ninth Circuit · 2009
4 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- United States v. James LloydCourt of Appeals for the Ninth Circuit · 2015
- United States v. Salvador VeraCourt of Appeals for the Ninth Circuit · 2014
- United States v. Ravneet SinghCourt of Appeals for the Ninth Circuit · 2020
- United States v. Damien ZepedaCourt of Appeals for the Ninth Circuit · 2015
- United States v. Michael SchnittkerCourt of Appeals for the Fourth Circuit · 2015
14 more not listed; retrieve them via the Exa API.