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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.