DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
111964P.pdf 03/09/2012 United States v. Ray Leon Huether
U.S. Court of Appeals Case No: 11-1964
U.S. District Court for the District of North Dakota - Bismarck
[PUBLISHED] [Bright, Author, with Loken and Shepherd, Circuit Judges]
Criminal Case - suppression. Record supports the district court's
decision declining to suppress evidence, as defendant, without hesitation,
answered questions relating to the materials in his computer before being
read Miranda warnings. District court did not plainly err in admitting
testimony of agents regarding testimony based on the witness'
independent knowledge of the evidence. Admission of expert's
testimony regarding the interstate commerce element of saved images and
videos on computer hard drives was not an abuse of discretion. Because
jury was not instructed that two charges - one for receiving and one or
possessing child pornography --could not be based on the same set of
facts, it was plain error and a violation of double jeopardy to convict of
both charges. Case is remanded to vacate one of the convictions.