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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.