172157P.pdf   06/29/2018  United States  v.  Kevin Morrissey
   U.S. Court of Appeals Case No:  17-2157
   U.S. District Court for the Southern District of Iowa - Council Bluffs   
   [PUBLISHED] [Shepherd, Author, with Smith, Chief Judge, and Melloy, 
   Circuit Judge] 
   Criminal case - Criminal law. The district court erred in failing to 
   instruct the jury that it could not convict defendant for both possession 
   and receipt of child pornography based on the same facts, as convicting a 
   defendant for both possession and receipt based on the same conduct 
   violates the Double Jeopardy Clause; remanded to the district court with 
   direction to vacate the conviction and sentence for the lesser-included 
   possession offense; evidence was sufficient to support defendant's 
   conviction for receipt of the materials; any objection to venue was 
   waived; argument the government constructively amended the indictment 
   rejected as neither the dates of the offense nor the venue listed in the 
   indictment is an essential element of the offense; evidence at trial did 
   not constitute a material variance from the charge listed in the 
   indictment; while the court erred in admitting a government exhibit 
   listing suspected files of child pornography because it indicated that the 
   National Center for Missing and Exploited Children had confirmed the files 
   as child pornography, thereby making the exhibit inadmissible hearsay in 
   violation of the Confrontation Clause; even if the court's error was 
   plain, it did not affect defendant's substantial rights and reversal was 
   not required as there was ample evidence, apart from the spreadsheet, that 
   the images were child pornography; claimed prosecutorial misconduct during 
   closing argument did not warrant reversal.