United States v. Donald Harvey

LOKEN, Circuit Judge.

A grand jury charged Donald Harvey with receipt of child pornography in violation of 18 U.S.C. § 2252A(a)(2) (Count I), and possession of child pornography in violation of 18 U.S.C. § 2252 (a)(4)(B) (Count II). The factual basis for both counts was child pornography found when police searched the Toshiba hard drive from Harvey's laptop computer. Before trial, Harvey pleaded nolo contendere, admitting a factual basis for both counts. Harvey moved to withdraw his plea. The district court 1 denied the motion after a hearing and subsequently imposed concurrent sentences of 74…