U.S. v. McElmurry, No. 12-50183 (9th Cir.) (776 F.3d 1061) (January 26, 2015) (Judge Andrew J. Kleinfeld)
CASE SUMMARY
OVERVIEW: HOLDINGS: [1]-Convicting defendant of possessing and distributing the same child pornography images did not amount to double jeopardy as neither possession nor distribution of child pornography was necessarily a lesser-included offense of the other; [2]-Defendant's conduct constituted distribution because maintaining child pornography in a shared folder, knowing …