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.
152677P.pdf 07/13/2016 United States v. Donald Harvey
U.S. Court of Appeals Case No: 15-2677
U.S. District Court for the District of Nebraska - Omaha
[PUBLISHED] [Bright, Author, with Gruender and Kelly, Circuit Judges]
Criminal case - Criminal law and sentencing. The district court did not
err in denying defendant's motion to withdraw his plea of nolo contendere
as he failed to demonstrate a fair and just reason to withdraw the plea;
the United States concedes that defendant's convictions for possession and
receipt of child pornography rest on the same act or transaction, and the
two convictions for the same conduct violate the Double Jeopardy Clause;
remanded with directions to vacate one of the convictions and re-sentence
defendant. Judge Gruender, concurring in the result.