131882P.pdf   04/03/2014  United States  v.  Christopher Emly
   U.S. Court of Appeals Case No:  13-1882
   U.S. District Court for the District of North Dakota - Fargo   
   [PUBLISHED] [Wollman, Author, with Riley, Chief Judge, and Loken, Circuit 
   Judge] 
   Criminal case - Criminal law. Defendant's actions in copying child 
   pornography images onto three different devices did not permit the 
   government to charge him with three separate counts of possession under 18 
   U.S.C. Sec. 2252(a)(4)(B) and the three counts were multiplicitous; 
   however, the multiplicitous counts of possession did not taint the jury's 
   deliberations where the jury was given instructions to consider each 
   charge separately and where the evidence of defendant's guilt was strong; 
   the proper remedy, in light of defendant's concurrent sentences, is to 
   direct the district court to vacate the convictions on the multiplicitous 
   counts, and a new trial is not required; guilty verdicts on both receipt 
   and the lesser included offense of possession are not plainly inconsistent 
   or ambiguous verdicts; further, the court eliminated any possibility of 
   ambiguity by polling the jury and avoided any threat of double counting by 
   entering judgment only on the greater offense of receipt of child 
   pornography; jury instruction on receipt did not constructively amend the 
   indictment.