DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
181345P.pdf 12/11/2018 United States v. Scott Smith
U.S. Court of Appeals Case No: 18-1345
U.S. District Court for the Southern District of Iowa - Des Moines
[PUBLISHED] [Loken, Author, with Benton and Shepherd, Circuit Judges]
Criminal case - Criminal law and sentencing. Evidence was sufficient to
support defendant's convictions for receipt and possession of child
pornography; neither the instructions nor the verdict form in the case
violated defendant's right to a unanimous verdict; conviction for both
receipt and possession did not violate defendant's Double Jeopardy Clause
rights because the knowing possession charged in Count 3 of the indictment
was not a lesser included offense to knowing receipt as charged in a
separate count; no error in imposing a two-level enhancement for knowing
distribution.